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(영문) 춘천지방법원 속초지원 2014.06.11 2014고단92
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 4, 2014, at around 14:40, the Defendant driven a car in B, under the influence of alcohol with approximately 600 meters alcohol concentration of 0.168%, without obtaining a driver's license, from the construction parking lot of the Gansung Women's Center located in 210-1, Gansung-si, Sungsung-si, Sungsung-si, to the front road of the same 245 Sindong-gu, Seoul Metropolitan Government, the Defendant driven a car in B, under the influence of alcohol concentration of about 0.168%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

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

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 an alternative imprisonment with labor ( Consideration, such as the fact that there exists a history of criminal punishment multiple times for the same kind of crime and the blood alcohol concentration relatively high);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2004Do134, Jan. 1, 201)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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