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(영문) 춘천지방법원 원주지원 2018.06.05 2018고단404
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On March 28, 2018, the Defendant driven a vehicle of Category B 10 km in the section of approximately 10 km in front of the “Korean Government” located in the Hanju-si Park Park 23, Nowon-gu, Seoul Special Metropolitan City without a vehicle driver’s license, from around 102 to around 10 km in the section of approximately 10 km in front of the “Korean Government”.

2. Around 08:30 on the same day, the Defendant driven the said vehicle from the front of the said “Korean Government” to the front of the said “Korean Government” in the direction of 0.216% alcohol concentration in blood without a driver’s license on the same day, to the front of the “luminous fluence” located in the north 2577 of the atomic-si nuclear route.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the actual condition of driving, report on the circumstances of driving at home, report on the circumstances of a driver at home, report on the results of regulating the driving of drinking, and application of Acts and subordinate statutes to the ledger

1. Subparagraph 1 and Article 152 of the Road Traffic Act, Article 152 of the Road Traffic Act, Article 148-2 subparagraph 1 and Article 44 of the Road Traffic Act concerning facts constituting a crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing under Article 62-2 of the Social Service Order Act, after drinking alcohol and driving without a license after drinking alcohol or driving at the night, have caused a traffic accident, and the level of drinking alcohol is more than 0.2%.

It seems that the awareness of compliance has weak awareness of criminal punishment, including punishment and suspended execution for various crimes, and the possibility of recidivism seems to be high.

The execution of punishment shall be suspended for a certain period of time, taking into account the fact that human life damage is not caused, and the same crime has no record of criminal punishment other than once a fine, but the execution of punishment shall be ordered to observe the protection and provide community service for a longer period of time.

The above circumstances are as follows.

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