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(영문) 춘천지방법원 강릉지원 2017.12.13 2017고단1308

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 6, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 2.5 million for the same crime at the same court on January 10, 2017.

【Inasmuch as the Defendant had been punished for committing a violation of the Road Traffic Act on more than two occasions, the Defendant driven Cben cars at approximately 300 meters from the 300-meter section of the erost middle school, which was under the influence of alcohol leveling 0.181% from the erost middle school, to the front road of the Gangseo-si 125, Gangwon-si, without obtaining a driver’s license on October 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the situation of the driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), and the register of driver

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, report on investigation (interpellation of suspect's drinking experience), and judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 suspension of execution (which shall be equivalent to drinking, but shall be finally taken in consideration of the previous offense and the relationship of support, etc.);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;