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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고단817
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 26, 2009, the Defendant was sentenced to a fine of 500,000 won due to a violation of road traffic law in the Gangnam Branch Branch of the Chuncheon District Court, and was sentenced to a suspended sentence of 1 year for a crime of violating road traffic law in the same support on July 23, 2014.

Although the Defendant had been punished for driving under drinking twice as above, on June 22, 2017, the Defendant driven a car with C Alba while under the influence of alcohol content of 0.228%, without obtaining a driver’s license from the front day of Tri-si, Tri-si, 72 Fri-si, Tri-si, 133 C-ro, C-ro, 133, C-ro, C-ro, 307, at the same time, from the front day of Tri-si, to the front road of 307.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that a person makes a confession and reflect, disposes of the vehicle, etc., and thus makes it not to prevent recidivism: The fact that the person has the ability to be punished due to drinking or unlicensed driving, and the fact that the amount of drinking is very high;

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