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(영문) 춘천지방법원 원주지원 2017.01.09 2015고단1048

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2004, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic laws in the original state support of the Chuncheon District Court on August 24, 2004. On May 2, 2011, the Defendant was issued a summary order of 2.5 million won for a violation of road traffic laws in the original state support of the Chuncheon District Court on May 2, 201, and on April 4, 201, the Defendant violated the prohibition of drinking regulations by issuing a summary order of 5 million won for a violation of road traffic laws at the original state support of the Chuncheon District Court on April 4, 201.

On November 2, 2015, around 00:20, the Defendant driven a B-type car with approximately KRW 100m alcohol content 0.153% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license, from 107:0 to 107:0 the P-type parking lot of the G-type Park Jong-dong, Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (formers, confirmations and reports attached to judgments);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;