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(영문) 춘천지방법원 2016.12.15 2016고단876
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 February 26, 2007, the Defendant is a person who received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Chuncheon District Court on February 26, 2007, and a fine of KRW 4 million as a penalty for a violation of the Road Traffic Act at the Chuncheon District Court on January 22, 2014.

On July 12, 2016, at around 21:33, the Defendant driven the foregoing cargo vehicle without a driver’s license and without a mandatory insurance with a blood alcohol level of 0.116% under the influence of alcohol level of 0.16%, from the front side of the elbow apartment in front of the eline apartment to the northwest-gun, Gangwon-do, Gangwon-do, in the Geumwon-gun, to the lurgical 453 Do road in front of the river.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Mandatory insurance policies, and credit policies;

1. Previous convictions indicated in judgment: Application of four copies of the criminal records and summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is not only to drive a vehicle that is not covered by mandatory insurance while the defendant's license is revoked.

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