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(영문) 춘천지방법원 강릉지원 2014.07.17 2014고단481

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 31, 2012, the Defendant issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, and one million,00,000,000 won as a fine for a violation of the Road Traffic Act at the same court on January 28, 2013.

On April 23, 2014, at around 01:05, the Defendant, without a car driver’s license, driven a Korean-style apartment with a blood alcohol concentration of 0.080% in the same year from the Handong apartment parking lot at the same time to the filial length in the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the result of crackdown on drinking driving and report on the situation of driving under drinking;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., serious reflection);

1. Article 62 of the Criminal Act on the suspension of execution;

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;