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(영문) 춘천지방법원 2015.03.26 2015고단78
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 18, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on March 14, 201, and a fine of 4 million won for the same crime at the same court on March 14, 2014, and on December 18, 2014, the Defendant was sentenced to a suspended sentence of 2 years for 6 months for a violation of the Road Traffic Act (driving without Permission) by the same court on December 18, 2014, and the judgment became final and conclusive on December 27, 2014.

On December 9, 2014, at around 14:45, the Defendant, without obtaining a driver’s license, driven a CMF truck at approximately 500 meters section from the front side of the Hemsan Recreation Park, which was located in the Gecheon-gun’s document 0.084% of the blood alcohol content, to the front road, regardless of leaves in the same Ri, without obtaining a driver’s license.

As a result, the Defendant was driving more than twice, and driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. The latter part of Article 39 (1) of the Criminal Act (Concurrent crimes under the latter part of Article 37 of the Criminal Act);

5. In light of the latter part of Articles 37 and 39(1) of the Criminal Procedure Act (mutually between the above crimes and the violation of the Road Traffic Act (unlicensed Driving) for which judgment becomes final) of the Act on the Handling of Concurrent Crimes, the sentence should be imposed in consideration of the following facts: (a) the defendant has a large number of criminal records of driving under influence of alcohol; and (b) while being tried for a violation of the Road Traffic Act (unlicensed Driving).

(b).

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