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(영문) 춘천지방법원 2016.04.21 2016고단178
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 1, 2011, the Defendant was sentenced to four months of imprisonment due to a violation of road traffic law in the support for the development of a means of flooding and mountain source, and on July 19, 201, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic law (driving) in the same court on July 19, 2013 and completed the execution of the sentence at the Gesung Vocational Training Correctional Institution on June 13, 2014.

1. Around 20:30 on January 4, 2016, the Defendant driven a Dunch-free car without obtaining a driver’s license in the section of about 20km from the front of the Defendant’s house located in Incheon-gun C, Gangwon-do to the front of the 20:50 on the same day from the front of the house of the Defendant’s house located in Incheon-gun, Gangwon-do to the front of the 1st class of the 20km-ro of the Dongdoon-Eup.

2. On January 5, 2016, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) driving a rocketing car under the influence of alcohol with a alcohol content of 0.117%, without obtaining a driver’s license, at a section of about 10 meters prior to the above wooden point.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (a copy of the judgment and a copy of summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of an alternative imprisonment with prison labor (in consideration of the fact that a defendant has a number of criminal records of the same kind and has been sentenced twice for the relevant crime, and driving a motor vehicle again without reflecting his/her intention);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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