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(영문) 춘천지방법원 강릉지원 2018.10.18 2018고단626
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court on March 22, 2017, and the said judgment became final and conclusive on March 30, 2017, and is currently under suspension of the execution.

[Criminal facts]

1. On June 8, 2018, the Defendant was driving a F Poter Cargo Vehicle without obtaining a driver’s license for a section of about 10 km from the front side of C Middle School in C, which was located in B at C, to the front side of the East Sea, from the center of “E” in C, which was located in D in the East Sea.

2. On June 13, 2018, the Defendant: (a) while under the influence of alcohol 0.222% in blood, driven a f-freight vehicle without a driver’s license in the direction of “H convenience store” located in G from the street in front of the French House in the East Sea, which was in the wind movement in the East Sea at around 22:54 on June 13, 2018; (b) while under the influence of alcohol 0.22% in blood, the Defendant driven a f-freight vehicle without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest or report of a violation of traffic laws (unlicensed or drinking) on roads;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Investigation report (The investigation of CCTV for car number plates on June 8, 2018);

1. An investigation report (as to the revision of criminal time);

1. Previous convictions: Application of inquiry requests, such as criminal history, investigation reports (the period of probation against the suspect and the confirmation of the same criminal history);

1. Article 148-2 (2) 1, Article 44 (1) (a point of drinking), Article 152 subparagraph 1, and Article 43 (a point of driving without Driver's License) of the Traffic 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 reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that the defendant has been punished several times due to drinking or non-licensed driving, etc., and that he is not familiar with the period of suspension of execution due to the same crime.

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