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(영문) 춘천지방법원 영월지원 2019.01.08 2018고단385
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

On February 2, 2007, the Defendant was sentenced to a suspended sentence of 2 months in August, 2007 and a suspended sentence of 1 year in April 24, 2007 by the same court for the same crime, etc.

【Criminal Facts】

On July 24, 2018, at around 19:08, the Defendant driven D truck at a section of approximately 1.6 km from the Defendant’s house nearby the house in Gangwon-gun B to the Gangwon-gun of Gangwon-do, while drunking about 0.280% of alcohol level.

around 10:40 on September 30, 2018, the Defendant driven D class freight at the section of approximately 7.7.7 km from the front of the Defendant’s house located in Pyeongtaek-gun, Gangwon-do without a car driver’s license to the front of the office of the Defendant, which is located in the Pyeongtaek-gun, Seowon-gun, Seowon-gu, Seowon-si, Gowon-si, Gowon-si, Gowon-si, Gowon-si, Gowon-gun, Gowon-gun, Gowon-gun

Summary of Evidence

"2018 Highest 385"

1. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. A criminal investigation report (CCTV photographs, photographs, files, etc.);

1. Investigation reports (Application of the Madmark);

1. For previous convictions indicated in the judgment: Criminal history records, inquiry reports (verification of the same kind of power and review of the applicable provisions of Acts), three copies of the judgment "2018 Highest 441";

1. Defendant's legal statement;

1. An inspector for controlling non-licensed drivers;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had a record of having been punished several times for the same crime, and that the driver’s license was revoked by driving under the influence of alcohol.

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