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(영문) 춘천지방법원 원주지원 2016.02.17 2015고단961
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2010, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating road traffic laws in the original Chuncheon District Court's main branch on December 10, 2010, and on April 23, 2014, the Defendant was sentenced to a suspended sentence of 2 years for a violation of road traffic laws in the same court on April 23, 2014.

On November 5, 2015, at around 08:45, the Defendant driven a Dribe in the state of alcohol leveling 0.069% of alcohol level while under the influence of 0.069% without a driver’s license, from the 15km section of approximately 15km away from the road near the Yacheon-gun-gun, the front side of the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, and reporting on the situation of driving of drinking and without a license;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, written judgments, application of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed driving)

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment (a favorable circumstance) reflects on the reason of sentencing, a relatively low drinking figure [unfavorable circumstances], and a relatively low drinking figure, and recidivism during the period of the same suspension of execution, a sentence of punishment is inevitable;

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