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(영문) 춘천지방법원 원주지원 2014.10.01 2014고단734
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 11, 2007, the Defendant was sentenced to a fine of KRW 7 million in the same court as the same offense, etc., in the case of a violation of the Road Traffic Act, etc., at the original branch of the Chuncheon District Court, on December 30, 2008.

On July 22, 2014, at around 21:15, the Defendant driven a B-hand motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.066% without obtaining a driver’s license from the front side of the Hosidong Home Pluscis to the front side of the same 500-meter radius from the original city to the front side of the lusculic luscis.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. Although the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is relatively low, considering the following: (a) although the Defendant was sentenced two times to imprisonment due to drinking driving as stated in the judgment, and was sentenced to a fine by driving under drinking again during the period of repeated offense, the Defendant again committed the instant drinking without a license again; and (b) there were two times due to drinking driving and six times due to driving without a license or six times of punishment due to driving without a license in addition to the criminal records stated in the judgment, etc., the same sentence as the disposition shall be determined.

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