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(영문) 춘천지방법원 2017.07.04 2017고단442
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws (drinking driving) in the Chungcheong District Court’s support on August 10, 201, and appears to be a clerical error on February 17, 2015 of the indictment on February 17, 2016.

The Chuncheon District Court was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving).

On April 29, 2017, at around 01:42, the Defendant driven C rocketing car in the state of alcohol concentration of about 0.144% without a driver’s license, from approximately 1km section from the front and front of 189, Switzerland to the front and south of Chuncheon City, and from about 1km to the front and rear of Turkey, the Defendant driven C rocketing car in the state of under the influence of alcohol concentration of 0.14%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving, inquiry into the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes for investigation reports (verification of two-time records of drinking driving);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 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 imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant, who had observed the order to observe the order and attend the course, seems to have been repented while making a confession of the crime of this case, and that there is no previous conviction in the fine, etc., is the

On the other hand, even before the crime of this case was committed, the defendant had been punished twice due to drinking driving, and repeated driving under a license without a license of this case, a person who is highly likely to be subject to criticism not only his own but also another person's life, a person who is punished by the second driving of drinking, and a person who is punished by the second driving of drinking was not driving of this case is disadvantageous to the defendant.

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