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(영문) 춘천지방법원 2017.03.28 2017고단60
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2017, the Defendant, while under the influence of alcohol 01:10% in alcohol, driven CSM 5 automobiles with approximately 100 meters from the front of the apartment road to the intersection of 110 Hacheon-si, Cheongcheon-si, Cheongcheon-si, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the order of community service and the order to attend a lecture, and the fact that the defendant had been sentenced to a fine on two occasions in 2012 and 2015 due to driving without a license in 2016, and the defendant repeats driving and non-licenseing driving in the state of drinking alcohol concentration of 0.227% during blood in 2016, shall be considered as the factors for sentencing unfavorable to the defendant. The fact that the defendant is divided into the crime of this case, and that the defendant would not drive alcohol again while driving alcohol, shall be considered as the factors for sentencing favorable to the defendant. In addition, the defendant's age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc. shall be determined as the sentence as per the order.

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