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(영문) 춘천지방법원 원주지원 2018.04.19 2018고단178
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle Bcoon in the section of approximately 500 meters from the Heung Apartment apartment in the front city in the front city to the front of the 36 association in the same Dong, under the influence of alcohol level of 0.186% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report the occurrence of traffic accidents, a report on actual condition, a report on the results of regulating drinking driving, a ledger of driver's licenses, etc. and a report on the state of driving

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order has the record of being subject to criminal punishment four times or more, including the suspension of two times of suspension of execution due to drinking driving, and has the record of being subject to criminal punishment several times due to driving without a license.

Not only high drinking level at the time of the instant crime but also caused a traffic accident involving vehicles parked in the course of the instant crime (e.g., the Defendant was unable to be aware of the said accident, and the Defendant was not prosecuted for the crime of violation of the Road Traffic Act (even after the accident) on the ground that there was no minor accident and there was no disprobing on the road due to the minor accident). The case is not easy because the Defendant again caused a traffic accident involving the instant case before the military unit while continuing driving.

Since 2003, the execution of punishment is suspended for a certain period of time in consideration of the circumstances such as the fact that the defendant was subject to criminal punishment for drinking driving only once, and that there is no record of criminal punishment for various crimes, but there is no record of criminal punishment for a certain period of time.

The above circumstances.

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