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(영문) 춘천지방법원 강릉지원 2013.03.28 2012고단947

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

1. Around 10:10 on September 17, 2012, the Defendant driving a car with Crops without obtaining a driver’s license from the section of approximately 600 meters to the front road of the apartment through the head office of the Dong agricultural cooperative in the same Dong-gu Dong-dong located in Seongbuk-dong, Gangwon-do, Gangwon-do at KRW 10:30 on the same day from September 17, 2012, and at around 10:30 on the same day.

2. Around 12:50 on September 17, 2012, the Defendant was driving a C-ro vehicle under the influence of alcohol with a blood alcohol concentration of 0.108% without obtaining a driver’s license on a section of about 600 meters from the front of the apartment as stated in the above paragraph (1) through the 12:50 on the same day from September 17, 2012 to the front of the apartment as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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 for regular concurrence (the one between the two-time operations and the one between the two-time operations without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on Suspension of Execution (Article 62 (1) of the Act on Suspension of Execution (Article 62 (1) of the Act on Suspension of Execution) that has been punished several occasions by a fine

1. Probation, community service order and order to attend lectures shall be ruled as ordered for the reasons of not less than Article 62-2 of the Criminal Act;