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(영문) 춘천지방법원 속초지원 2015.04.08 2014고단549
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On April 25, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the early branch of the Chuncheon District Court on April 25, 2014, and on October 7, 2014, the Defendant was sentenced to a fine of KRW 5 million by the same court on December 10, 2014.

【Criminal Facts】

Although the Defendant had had a force of driving under the influence of alcohol two occasions, the Defendant driven CK 3 cars while under the influence of alcohol of about 5 km in front of the Central Expressway in the Cr. Bl., in the same city, at around 09:40 on December 7, 2014, at around 09:40 on the 09:40 the same day, without obtaining a driver’s license for a vehicle driving a approximately 5 km section from the front side of the bus located in the Cr. Cr., the alcohol concentration of which is 0.096%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, reference reports (A), investigation reports (a) - duplicates of judgments, copies of summary orders, copies of summary orders, previous rulings and results of confirmation before disposition, and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor (three times the main driving career (the last one time is the same as the unlicensed driving) and consideration of the fact that the non-licensed driving career has more than twice, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 2011>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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