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(영문) 춘천지방법원 영월지원 2015.08.21 2015고단120
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to one year to imprisonment for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court for a crime of violation of the Road Traffic Act, and on July 4, 2014, the Defendant was the 11st criminal of the same kind of force, including the completion of the execution of the sentence in the third prison of the Northbuk-do North Korea.

On February 23, 2015, at around 20:50, the Defendant driven C, under the influence of alcohol concentration of 0.138% without obtaining a driver’s license from the section of about 9 km from a place in which the Defendant was under the influence of alcohol at around 0.138% without obtaining a driver’s license from the section of about 9 km to the roads in which it was in the same parallel of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of a driver, report on the status of a driver, and the register of driver's licenses;

1. Before ruling: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to criminal records, results of inquiry into confinement information, and judgments of the same kind of power);

1. Article 148-2 (2) 2, 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 chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is that the defendant is a repeated offender and the sentence is inevitable in light of the records of the drinking driving.

However, in full view of the special situation of the mountain remote areas and the recent years, the Defendant’s age, character and conduct, intelligence and environment shown in the instant pleadings, the motive, background, means and consequence of the instant crime, circumstances after the instant crime, family relationship, etc., and the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, character and conduct, intelligence and environment as shown in the instant pleadings;

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