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(영문) 춘천지방법원 강릉지원 2017.06.15 2017고단451
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

On April 7, 2015, the Defendant driven a car under the influence of alcohol concentration of 0.103% in blood without obtaining a driver’s license from the car parking lot located in the ropo-si of Gangseo-si, the Seoul Special Metropolitan City to the home flusing road located in the same city-ro 2120 from the car parking lot to the home flusing road located in the same city-ro 2120.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of statutes, such as the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures: To prevent repeated crimes, even though there have been several historys of punishment due to drinking driving or non-licensed driving. Do favorable sentencing factors: recognition of one’s mistake and reflectivity. Do and other sentencing conditions under Article 51 of the Criminal Act are integrated into consideration and set the sentence as ordered.

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