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(영문) 춘천지방법원 강릉지원 2014.10.14 2014고단785

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 June 17, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Young-dong branch of the Young-gu District Court of Cheongju on the following grounds: (a) on September 9, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Seocheon District Court of Chuncheon on September 9, 2013; and (b) on two or more occasions, the Defendant violated the Road Traffic Act (driving).

On September 5, 2014, at around 02:40 on the 02:5, the Defendant driven BPote motor vehicle owned by the Defendant under the influence of alcohol concentration of about 700 meters, without obtaining a driver's license, from the front day of the 3-6-dong Dong-dong Housing Chodong in the East Sea to the front day of the 7-6-dong Dong-dong Housing Chodong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and investigation reports (former records and reports attached to judgments) and statutes;

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. Article 62 (1) of the Criminal Act;

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