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(영문) 춘천지방법원 속초지원 2019.10.30 2019고단318
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2017, the Defendant was sentenced to ten months of imprisonment for violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court on November 29, 2017, and completed the said execution in the Chuncheon Prison on September 28, 2018.

【Criminal Facts】

1. Around 15:30 on August 16, 2019, the Defendant driven an E Spo-type vehicle under the influence of alcohol concentration of about 0.223% without obtaining a driver’s license in a section of about 600 meters from the front of the office of the Defendant of the Gosung-gun B to the front of the D church located in Gangwon-gun, Gangwon-gun.

2. On August 16, 2019, the Defendant: (a) expressed that “Around 16:47 on August 16, 2019, the Defendant,” in front of the G Cooperatives in the Gosung-gun F of Gangwon-gun, “A person who makes a speech to participate in the event of a school shall drive the school while driving the school.” Upon receiving the 112 report, the Defendant expressed his/her desire to “Cr. N. N. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. I and each police statement of change;

1. An investigation report on the actual condition of a drinking driver, a report on the circumstantial statement of a drinking driver, a report on the results of the control of drinking driving, a report on investigation (Attachment of a report, a report on handling cases and on-site photographs), and a report on investigation (Attachment of a report on the suspicion of drinking and non-license);

1. Previous records of judgment: Investigation report (verification during the period of repeated crime of a suspect), criminal records, and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (3) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes:

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