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(영문) 춘천지방법원 강릉지원 2019.02.20 2018고단1311
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On May 24, 2013, the Defendant received a summary order of KRW 3 million from the Gangnam Branch Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the same court on September 27, 2017.

【Criminal Facts】

On December 2, 2018, the Defendant, without obtaining a driving license at around 15:21, 2018, driven a F lus vehicle under the influence of alcohol level of about 0.193% in a section of about 130 meters from the front parking lot in the city of Gangseo-si to the roads of Gangseo-si apartment E-dong.

As a result, even though the defendant had been punished for the violation of the Road Traffic Act more than twice, he has driven a motor vehicle while driving the motor vehicle without a driver's license while driving the motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of criminal records, repeated statements, [Attachment to investigation reports (Attachment to a summary order, etc. of the same criminal records - Summary order] Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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