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(영문) 춘천지방법원 속초지원 2013.08.14 2013고단98

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 March 15, 2013, the Defendant, without obtaining a driver’s license, driven a B-L car in the state of alcohol alcohol concentration of approximately 0.135% from the front of the restaurant of “Seongdong” located in the Choyang-si, Seocho-si, Seocho-si, and around 22:15 on the same day to the front of the restaurant of “Seongdong” located in the same Dong from around 700 meters to the front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that the defendant acknowledges and reflects the crime, the distance of driving is relatively short, and there is no criminal conviction or heavier punishment);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;