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(영문) 춘천지방법원 강릉지원 2019.09.06 2019고단802

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on January 25, 2019, and two years of suspended execution, which became final and conclusive on February 2, 2019, and is currently under suspended execution.

【Criminal Facts】

On June 16, 2019, at around 00:22, the Defendant driven a portion of approximately 5 meters around C in the vicinity of Gangseo-si, Gangnam-si, with alcohol content of 0.158%.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement;

1. [Investigation Report (Analysis of Blus Images and Reinforcement Investigation into Accident Sites) - On-site inspection photograph, slope angle conversion tag, condition of contact between the driver and the driver's seat of the victimized Vehicle], [Investigation Report (Report on the Base State, etc. of G Driving Engineer) - Currency detailed statement, etc.], [Investigation Report (Report on Ghos/Approval/Report Data Answer) - Response Data], [Investigation Report (Verification of On-Site CCTV Image Image Time) - Photographs]

1. A report on the occurrence of a traffic accident, a traffic accident report, an accident scene, etc. and photographs;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the status of drinking drivers);

1. Inquiries and replies to inquiries;

1. Registers of driver's licenses;

1. Accident video CDs;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power and milk collection period);

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Determination on the Defendant’s assertion on the alternative sentence of imprisonment with prison labor

1. The summary of the assertion was waiting for the instant vehicle to move along the starting dong while boarding the instant vehicle. However, the Defendant, while operating the Handphone, opened the blick or the blick.