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(영문) 춘천지방법원 2017.09.19 2017고단754
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On December 9, 201, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of road traffic laws at the Chuncheon District Court on December 9, 201, and a summary order of KRW 1.5 million for a crime of violation of road traffic laws at the same court on October 12, 2006.

[2] On June 28, 2017, Defendant 1, who had a drinking alcohol driving force twice or more as above, driven a coo vehicle in C, while under the influence of alcohol level of about 0.089%, without obtaining a driver’s license, at the 1km section of approximately 1km from the Hancheon-ro, Hancheon-ro, 173, Hancheon-ro, Mancheon-ro, Hancheon-ro, Hancheon-ro, 17, to the front branch of the Hancheon-si, the Hancheon-ro, Hancheon-ro, Hancheon-ro, Hancheon-ro, Hancheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Inquiry into criminal history and investigation reports (the application of Acts and subordinate statutes before and after drinking for not less than twice);

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 ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a more severe drinking driving);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201) of the Criminal Act (see, 2008) is that the Defendant led to the confession of the instant crime, and the Defendant

On the other hand, even before committing the instant crime, the Defendant had been punished six times due to driving of drinking and driving without a license, and even though there was a history of being sentenced to a suspended sentence due to driving on September 2015, the Defendant repeated driving without a license and driving of drinking, and the Defendant is disadvantageous to the Defendant.

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