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(영문) 춘천지방법원 원주지원 2016.02.02 2015고단1053
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant received a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on October 2, 2008, and a summary order of KRW 5 million as a fine for the same crime in the same court on August 31, 2012, respectively.

[2] On October 8, 2015, the Defendant driven B K5 cars while under the influence of alcohol content of 0.111% without obtaining a driver’s license from the front of the Gsung apartment road located in the Gecheon-si, Chuncheon-si, to the front side of the Fefficial Road in Chuncheon-si, the Defendant driven B K5 cars without obtaining a driver’s license from the section of about 200 meters from the front of the Gsung apartment at the Gecheon-si, Chuncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Report on the circumstances of driving without a license;

1. Previous convictions indicated in judgment: Application of inquiries about criminal history and investigation reports (a copy of a summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, once again driven alcohol while he had been punished twice due to drinking alcohol driving.

However, it is against the mistake.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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