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(영문) 춘천지방법원 2019.10.02 2019고단535
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On December 13, 2018, the defendant was sentenced to a fine of 4.5 million won by the Chuncheon District Court as a violation of the Road Traffic Act.

On May 12, 2019, the Defendant, without obtaining a driver's license on May 21, 2019, driven a DNA motor vehicle owned by the Defendant at approximately 30km section from the neighboring parking lot in Chuncheon City B to the Hongcheon-gun Hongcheon-gun, Seocheon-do, Gangwon-do, Seoul Yang National Highway, to the extent that the Defendant was under the influence of alcohol by 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (a point of sound driving), Article 152 subparagraph 1, and Article 43 (a) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Articles 148-2 (2) 2, 44 (1) (a point of sound driving), 152 subparagraph 1, and 43 of the Act on the

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who has more severe punishment shall be imposed);

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is that the defendant drives a long distance of 30km from blood alcohol level without a driver's license to 0.129% with high blood alcohol level without a driver's license, and the crime of this case is not good and criminal. The cancellation of a driver's license was caused by a drunk driving around November 5, 2018, and thus, it was not less than less than 5 months after being sentenced to a fine of 4.5 million won, such as re-driving a motor vehicle under the influence of alcohol without any specific crime, but it was unfavorable to the defendant. However, the defendant shows an attitude against the defendant that he would not drive a motor vehicle again while under the influence of alcohol without any specific crime, and there was no additional damage such as traffic accidents, etc., and the defendant was six years ago.

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