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(영문) 춘천지방법원 영월지원 2016.08.23 2016고단40
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2011, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of Road Traffic Act (drinking driving) at the Young-gu branch of the Chuncheon District Court on April 29, 201, and on January 24, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of Road Traffic Act (drinking driving) in the same court.

[2] On December 22, 2015, under the influence of alcohol content of 0.068% in blood without a motor vehicle driver’s license, the Defendant driven approximately 100 meters away from neighboring areas to the first intersection of the static line in the same Ri, Gangwon-do Stack-gun, Stacking-gun, Jung-do, and drive a motor vehicle as B car with approximately 100 meters in width from neighboring areas to the first intersection in the same Ri.

On April 1, 2016, the Defendant driven CM vehicles at approximately 100 meters away from the front road of the static Information High School located in the north of the Jungwon-gun, Jungwon-gun without a driver's license, to the front road of the static Information High School located in the same Ri on the front of the road, at around 11:00.

Summary of Evidence

"2016 Highest 40 "

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions as indicated in the judgment: References about criminal history and investigation reports ( twice the previous calendars), "2016 order 164";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The driver's license ledger;

1. Application of statutes to report the occurrence of a case

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person who drives without a license) on December 22, 2015, and a punishment provided for the crime of violating the Road Traffic Act with heavier punishment);

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. Articles 53 and 55 of the Criminal Act for mitigation of amount;

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