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(영문) 춘천지방법원 원주지원 2018.11.08 2018고단985
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 21, 2007, the Defendant was sentenced to a summary order of KRW 1,00,000 to a fine of KRW 50,000 for a violation of the Road Traffic Act, as a result of a violation of the Road Traffic Act at the original branch of the Chuncheon District Court, and on February 5, 2009, by the same court, on the same offense, etc., the Defendant was sentenced to a summary order of KRW 2,00,000 for a fine for the same offense. On July 8, 2015, the Defendant was sentenced to imprisonment for one year and a suspended sentence of two years for the same offense at the same court.

On August 23, 2018, without a driver's license, the Defendant driven B Sl125S motor bicycle from the Jin Chang-gun in the Jin Chang-gun to the point 202K in the Jinung-dong Highway, while under the influence of alcohol of 0.185% in blood without a driver's license for a motor device bicycle.

2. The Defendant violated the Road Traffic Act by driving the bicycle on the above date, and entering a point 202K in the Young-dong Highway direction, leading to the passage of the expressway.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a suspected victim of violating the Traffic Act (non-license, etc. for drinking), notification of the results of regulating the driving of drinking, report on the circumstances of the driver under driving, inquiry into the results of regulating the driving of drinking, and the ledger of driver's licenses;

1. Application of the provisions of Part IV Acts and subordinate statutes, such as a response to inquiries, such as criminal history, investigation reports (netly 10), and judgment text;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; Article 154 subparagraph 6 and Article 63 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative sentence of imprisonment with prison labor and a fine for a violation of the Road Traffic Act, with respect to a crime of violating the same Act;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Although the circumstances are recognized such as: (a) the Defendant’s mistake on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the fact that each of the instant crimes did not cause a traffic accident; and (b) the fact that there was no record of having been sentenced to a punishment, it shall be recognized.

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