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(영문) 춘천지방법원 영월지원 2014.04.15 2014고단38
도로교통법위반(음주운전)등
Text

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 March 26, 2010, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act, and on November 25, 201, the above court received a summary order of KRW 7 million as a fine for a crime of violating the Road Traffic Act.

1. On October 7, 2013, the Defendant: (a) around 23:35 on October 7, 2013, 2013, driven the B-wing truck under the influence of alcohol with a blood alcohol concentration of 0.113%, without obtaining the driver’s license, from the monthly third-distance Skid City in front of Skidle-ri located in the Jink-gun of Gangseo-gu, Gangwon-do to the front of the Gyeongjingjing-ri located in the same area; (b) the Defendant driven the B-wing truck under the influence of alcohol concentration of 0.113% without obtaining the driver’s license.

2. On November 2, 2013, the Defendant was under the influence of alcohol by 0.138% without obtaining a license, and on November 2, 2013, at around 18:20, the traffic accident occurred in the course of driving at the speed of approximately 5 meters, the Defendant discarded the said cargo vehicle in front of the said restaurant at around the instant restaurant, while driving the said vehicle at around 19:40 meters, at around the same day, at approximately 80 meters away from the Jin Chang-gun, the Jin Chang-gun, Gangwon-gun, the Jin-gun, the Jin-gun, the Jin-gun, the Jin-gun, the Jin-gun, the Jin-gun, the Jin-gun, the Defendant, at around 19:40 on the same day, driven the said cargo vehicle at approximately 800 meters away from the front of the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports, and Acts and subordinate 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Violation of the Road Traffic Act (the crime of running sound driving) with more severe punishment between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed driving) under Articles 40 and 50 (the crime of running sound driving) of the Criminal Act;

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