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(영문) 춘천지방법원 강릉지원 2014.11.21 2014고단878
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On April 3, 2009, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Chuncheon District Court, KRW 1.5 million for a crime of violation of the same Act, KRW 1.5 million for a crime of violation of the same Act, and KRW 5 million for a crime of violation at the Gangnam District Court on April 13, 201, and KRW 5 million for a crime of violation at the Jeonju District Court on November 6, 2012.

【Criminal Facts】

On September 25, 2014, around 09:15, the Defendant driven C truck under the influence of alcohol content of about 500 meters from the front road in front of the new road packing construction site of national highways No. 38, to the front road in the same Ri on the dong name, which was located in the same Ri, without a car driver’s license, at approximately 0.147%.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, drives a motor vehicle in the state of under the influence of alcohol, while driving a motor vehicle with no license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service order and lecture order under Article 62-2 of the Criminal Act recognize and repents the defendant's mistake, there are a number of criminal records of the same kind, but there are no criminal records exceeding fines, and the defendant's age, character and conduct, family relationship, background of the crime of this case and the progress thereafter, and the punishment as ordered shall be determined in full view of the various circumstances which are the conditions for sentencing, including the defendant's age, character and conduct, family relation, and the following.

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