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(영문) 춘천지방법원 2016.07.13 2016고단519
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 11, 2007, the Defendant received a fine of KRW 700,00,000 from the Jeonju District Court to a crime of violation of road traffic laws (drinking), and a fine of KRW 3 million from March 3, 2016 to a crime of violation of road traffic laws (drinking), respectively.

On May 31, 2016, the Defendant driven a C New EF rocketing car under the influence of alcohol content of 0.092% in blood without a driver’s license, while under the influence of alcohol content of 0.092% in front of the Defendant’s house located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun.

On June 2, 2016, 2016, the Defendant driven a CNEW EF small-scale car without obtaining a driver's license from around 50km to around 155.4km in the direction of the Yeongdeungpo-dong Highway, located in the same Gun from the front corner of the Defendant's house located in Hongcheon-gun, Hongcheon-gun (Seoul) on June 2, 2016.

Summary of Evidence

"2016 Highest 519"

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiries about criminal history and summary issuance of an order for punishment, "2016 altitudes 577";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) (referring to driving of a person who has been involved in drinking not less than twice) of the relevant Act on the grounds of criminal facts, Article 152 subparagraph 1, and Article 43 of the relevant Act on the Road Traffic;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Road Traffic Act by a person on May 31, 2016);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, is driving under drinking over five times.

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