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(영문) 춘천지방법원 원주지원 2018.11.08 2018고단1003
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 March 11, 2016, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Chuncheon District Court's original branch on March 11, 2016, and a summary order of KRW 4 million as a fine for the same crime in the same court on August 10, 2018.

On September 3, 2018, the Defendant, without a driver’s license, driven a motor vehicle of 0.157% of alcohol in blood while under the influence of alcohol without a driver’s license, driving a motor vehicle of 17km at the road of approximately 17km from the front apartment near the modern apartment located in the 1st place of the Hanju-si to the west-gun of the Gangwon-si, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking, notification of the results of regulating driving of drinking, circumstantial statement of the driver of drinking, and the register of driver's licenses;

1. A report on internal investigation (round 6);

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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

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. The Defendant, on the grounds of the observation of protection and the sentencing of Article 62-2 of the Social Service Order Criminal Act, driven a 17km distance from the original week to the breadth without a license.

Since 2016, there was a history of criminal punishment two times or more for the same crime, and in particular, even though a summary order of KRW 4 million was issued on August 10, 2018 due to the act of driving a motor vehicle under the influence of alcohol content of 0.159% in blood on April 13, 2018, it is significantly weak that the opening of the instant crime was committed, such as committing the instant crime, even though it was issued on August 10, 2018.

One of the roads in the course of crime brought about a big obstacle to the general traffic by diving, and brought about a high risk of the occurrence of the accident.

It does not cause a traffic accident during the crime of this case, but criminal punishment exceeding a fine.

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