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(영문) 춘천지방법원 강릉지원 2014.11.20 2014고단918
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 29, 2014, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the Jung-gu District Court on April 29, 201, and a summary order of KRW 5 million with a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the Gangseo-gu District Court on November 26, 2010, respectively.

In addition, on November 20, 2002, the defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Young Branch of the Chuncheon District Court on November 20, 2002, and on February 27, 2002, the summary order of KRW 700,000 for the same crime is five times of the same kind of power.

【Criminal Facts】

1. On August 20, 2014, the Defendant, without a vehicle driver’s license, driven B rocketing car at approximately 10 meters from the front day of the main station in the Seongdongdong in Gangdong-gu Seoul to the road located in the same 37-gil (in the same ero-dong), while under the influence of blood alcohol content of 0.194 percent without a vehicle driver’s license, from August 20, 2014.

Accordingly, the Defendant, as seen above, driven a motor vehicle under the influence of alcohol even though the criminal power of violating the Road Traffic Act was twice.

2. Around 19:30 on August 20, 2014, the Defendant, without a car driver’s license, driven approximately 90 km car from the front of the Defendant’s residence located in Chuncheon-si, Gangwon-do to the front of the Sungdong-dong, Gangdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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