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(영문) 춘천지방법원 강릉지원 2018.07.20 2018고단486
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on December 26, 2012. On May 24, 2013, the same court was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving), and on February 8, 2018, the same court was sentenced to a suspended sentence of KRW 10 million for a crime of violating the Road Traffic Act (driving), and on February 20, 2018.

[2] On April 19, 2018, the Defendant driven a C-wing and freight vehicle under the influence of alcohol concentration of about 0.184% while under the influence of alcohol level 0.184% in the blood transfusion without a driver’s license from approximately 1.5m section of approximately 1.5m to the cement end road in the direction of the city of Gangseo-si, Seoul, Sknife-si, knife-si.

As a result, the defendant was punished for drinking more than twice, and was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal history, application of investigation reports (verification of criminal records of the same kind as the suspect) Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Taking into account the health conditions, etc. of defendants);

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