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(영문) 춘천지방법원 원주지원 2016.11.01 2016고단857
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 January 20, 2003, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Youngcheon District Court’s Young-gu branch on January 20, 2003, the summary order of KRW 2.5 million for the same crime from the original state branch of the Chuncheon District Court on January 20, 2012, and the summary order of KRW 5 million for the same crime at the same court on July 3, 2015, respectively.

【Criminal Facts of Crimes】 On August 31, 2016, the Defendant driven a B low-speed vehicle with a blood alcohol concentration of at least 0.139% under the influence of alcohol without obtaining a driver’s license at a section of about 17 km from the front station of the original station in the original city of the Republic of Korea to the parking lot of the original police station in the same city of the same city of Dobong-do.

Accordingly, even though the defendant was punished for the violation of the Road Traffic Act at least twice, he/she has driven a vehicle again under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a summary order related to the same kind of power of a suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and lecture attendance order is that the defendant, after driving under drinking alcohol, once again drives a license without drinking alcohol even though he had the record of punishment three times.

These circumstances and the defendant's age, occupation, character and conduct, and crime.

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