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(영문) 춘천지방법원 원주지원 2017.02.07 2016고단1225
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 16, 2009, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the original branch of the Chuncheon District Court on November 16, 2009, and on January 15, 2016, a summary order of KRW 3 million for the same crime at the same court.

On December 10, 2016, at around 04:50, the Defendant driven a more car-free car in the state of alcohol concentration of 0.098% while under the influence of alcohol while under the influence of 0.098%, without obtaining a driver’s license from the front day of the Orna, which is located in the short-term city of nuclear power, to the road of the same city, south-ro, 699.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Reporting on the arrest of a person who is under the Road Traffic Act (drinking or non-licenseing) and investigation;

1. An accident scene photograph;

1. Records of judgment: Application of inquiry letter, such as criminal history, and of each summary order;

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. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, driven a drinking alcohol again, even though he had the record of punishment three times.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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