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(영문) 춘천지방법원 강릉지원 2015.02.04 2014고단1020
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 14, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 4 million as a fine for the same crime in the same court on July 13, 2012.

【Criminal Facts】

On October 26, 2014, at around 05:25, the Defendant, like the above criminal power, driven a C-car that did not subscribe to mandatory insurance at least 3 km section from the front road of the fountain Park in the jurisdiction of the Gangseo-si Gyeongcheon-si, Gangwon-si, which is located in the Gangseo-si, under the influence of alcohol by 0.095% of the blood alcohol content without a driver’s license, on October 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Investigation into non-insurance operational information;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

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. Probation, community service order and lecture order under Article 62-2 of the Criminal Act recognize and reflects the defendant's wrongness in sentencing, the defendant is working for ordinary community service, and the defendant's employer does not repeat the defendant.

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