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(영문) 춘천지방법원 2016.06.23 2016고단308
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving), and on April 20, 2007, the Defendant was sentenced to a summary order of two million won by the same court as a crime of violating the Road Traffic Act (drinking driving).

On March 2, 2016, the Defendant driven a CP e-sports car under the influence of alcohol content of about 0.131% while under the influence of alcohol, without obtaining a driver’s license, from the front of the country of the Pyeong Sea, Hongcheon-gun, Hongcheon-gun, Hongcheon-ro, 2746, to the front of the 119-day-ro, Hongcheon-ro, 119, a two-km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Reasons for imposing the alternative sentence of imprisonment, taking into account the following factors of sentencing as well as the ages, behaviors, environment, etc. of the defendant. Circumstances favorable to the defendant: The defendant committed the instant crime during the period of suspended sentence after being sentenced to three years of imprisonment with prison labor and three years of suspended sentence on February 18, 2016, by means of a violation of the Traffic Act, at the Chuncheon District Court, in particular, the defendant committed the instant crime under the period of suspended sentence after being sentenced to three years of suspended sentence;

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