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(영문) 춘천지방법원 원주지원 2018.03.22 2017고단1179
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 29, 2013, the Defendant was sentenced to a disposition to forward juvenile protection cases due to a violation of road traffic laws at the original branch office of the Chuncheon District Public Prosecutor's Office on October 29, 2013. On October 31, 2014, the Defendant was sentenced to a disposition to forward juvenile protection cases due to the same crime by the same branch office, etc. on September 13, 2017, and was sentenced to imprisonment for 6 months with prison labor and 2 years of suspended execution with the same crime on September 13, 2017.

On October 6, 2017, the Defendant, without obtaining a driver’s license for a motor device bicycle, driven a low-water vehicle with approximately 125cc Bobs in the section of about 1km from before the Samsung Service Center located in the original city, which was under the influence of 0.216% of alcohol during blood, to the front day of the AK department store located in the original city.

On November 3, 2017, the Defendant: (a) 20:00 on November 3, 2017, 2017, the Defendant: (b) carried the victim D (the remaining, 25 years of age) who is an employee of the Republic of Korea; (c) carried the flab in flab, carried the flab in the cat; (d) 2:3 times flaf in the flaf; (e) flaf in the flaf; and (e) flaf in the flae face of the flae face of the flaf in the flae face of about three weeks, thereby causing injury to the victim, such as damage to the fla

Summary of Evidence

"2017 Highest 1179"

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, report on the results of regulating drinking driving, report on the circumstances of driving a drinking, and the register of driver's licenses;

1. Relevant photographs;

1. References to inquiries, such as criminal history, investigation reports (netly 10), 2017, 1274;

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the provisions of 9 Acts and subordinate statutes to the upper part and the closure photographs;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 257 (1) of the Criminal Act concerning facts constituting an offense;

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

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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount.

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