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(영문) 춘천지방법원 2017.04.18 2017고단36
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 11, 2016, at around 19:40, the Defendant driven a D large-scale mercian c with alcohol concentration of about 0.141% under the influence of alcohol without obtaining a motor device driver's license from the front side of the house to the sex of the same military road from about 3km to about 465 degrees.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity are as follows: (a) the defendant recognized the crime of this case while committing the crime; and (b) the use of obane after committing the crime of this case was discontinued; (c) although the defendant was sentenced to a suspended sentence on the grounds of traffic accident while driving under drinking, he did not know even though he was sentenced to a suspended sentence on the grounds of his escape; (d) the defendant had the ability to be punished for driving without a license even before about 10 days prior to committing the crime of this case; and (e) other circumstances, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after committing the crime, etc., the sentence of this case shall be determined as shown in the Disposition.

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