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(영문) 춘천지방법원 강릉지원 2018.03.29 2018고단21

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2017, the Defendant driven a BD car under the influence of alcohol concentration of about 0.089% while under the influence of alcohol leveling 0.089%, without obtaining a driver’s license, from the road near the Russle-ro 62 of Gangseo-si (Sus) to the 19-ro 19 (Sule-dong-dong-dong-dong-dong-dong-ro) of the same city from the river near the Russle-ro 19 (Sul-dong-dong-dong-dong-dong-dong-ro) in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs;

1. The driver's license ledger;

1. Application of investigative reports (temporary confirmation of suspect's driving of drinking alcohol) Acts and subordinate statutes;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive for and circumstances after the crime, etc.

The favorable circumstances: The defendant has been punished once by driving under the influence of alcohol. The defendant has a record of being punished once.