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(영문) 춘천지방법원 강릉지원 2015.05.28 2015고단29
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 13:20 on October 19, 2014, the Defendant, without a vehicle driver’s license, driven Bone Star car at a parking lot in front of the frequency of 200% in the clock in the clock of 0.240%, while under the influence of alcohol without a vehicle driver’s license.

On March 7, 2015, at around 12:10 on March 7, 2015, the Defendant driven a section of approximately 1.1km from the front of the Samyang High School located in Samyang-dong, Samyang-si, to the front road of the said YY-si and the front road of the said road, without a car driver’s license, to the end of the said road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of each traffic accident, a report on actual condition investigation, and photographs;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the Acts and subordinate statutes on the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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 Commercial Concurrent Crimes Act (the punishment imposed on the crimes of violation of each Road Traffic Act on October 19, 2014, and the punishment imposed on the crimes of violation of each Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments for the crimes of violating the Road Traffic Act which are heavier than the punishment, double concurrent crimes];

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was sentenced to imprisonment for a period of six months on May 20, 2014 on the grounds of a violation of the Road Traffic Act (unlicensed Driving) and was sentenced to two years on the suspension of execution; (b) a person without a license twice during the suspension of execution; and (c) one of them drives only once; and (d) a person has been sentenced to a fine due to a drunk driving or non-licensed driving in addition to the above suspension of execution; and (c) the person has been sentenced to a fine due to

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