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(영문) 춘천지방법원 영월지원 2016.09.27 2016고단252
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On April 21, 2016, the Defendant driven B Poter in the state of alcohol alcohol concentration of about 0.250% without obtaining a driver’s license from the front day of the new apartment in the Young-gu, Young-gu, Young-gu, Gangwon-gu, Young-gu, Seoul Special Metropolitan City, to the front day of the Samho apartment located in the Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Report on the circumstances of driving without a license, and the application of Acts and subordinate statutes of subparagraph (A);

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment is determined as ordered by comprehensively taking account of the following factors: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the influence of punishment three times including a suspended sentence due to drinking without a license and driving without license; (c) the degree of alcohol level is high; (d) the occurrence of an accident; and (e) the favorable circumstances, such as the Defendant’s age, sex and behavior; (e) the environment; and (e) the motive, background, means, methods, and consequences leading to the instant crime; and (e) the circumstances before and after the instant crime, etc.; and (e) the overall conditions of the instant records and the changes indicated in the text of the disposition.

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