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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1352
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2] On October 18, 2006, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law at the Gangseo-gu branch of the Chuncheon District Court on the ground of the crime of violation of road traffic law (driving), and on August 4, 2016, the Defendant was sentenced to a fine of five million won due to the same crime in the same court on August 4, 2016 and was sentenced to a fine of five million won due to the same crime, etc., on two occasions.

Although the Defendant had been punished as a crime of drinking alcohol two times, on September 6, 2016, the Defendant driven Dbeer or a car at the 24km section from the front of Gangnam-si to the same Si roads via the same Simnam-dong Central Market, while under the influence of 0.170% of alcohol during blood without obtaining a driver’s license on September 6, 2016.

[2016 order 168] On September 29, 2016, the Defendant stolen the Defendant’s possession of KRW 140,000,000 in cash at the entrance of the branch of the party’s NFT Bank located in 258, YYYYYYY YYYYYYYYYYY 201, and at the entrance of the branch of the party’s NFFK Y

Summary of Evidence

[2016 order 1352]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Investigation report (E telephone investigation);

1. All on-site photographs;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction before and after the disposition, and a report on investigation (the previous conviction and confirmation) (2016 order 168);

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to each investigation report (attached to field photographs, site photographs, etc.);

1. Violation of the Traffic Act (driving of alcohol): Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts: Violation of the Road Traffic Act as stated in the relevant provisions of the relevant Act: The point of larceny as stated in Articles 152 (1) and 43 of the Road Traffic Act: Article 329 of the Criminal Act;

1. The decision that Article 40 and Article 50 of the Criminal Code of the Commercial Concurrent Crimes are more severe between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Driving) and the punishment.

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