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(영문) 춘천지방법원 속초지원 2016.02.17 2015고단48
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2015, the Defendant, without obtaining a driver’s license, driven a B-learning car under the influence of alcohol content of approximately 0.359% from the 1.5km section from the 22:54-day road and the b-learning car under the influence of alcohol content from the 1.5km section to the b-on road in the same time.

Summary of Evidence

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that many previous offenders of the same kind and the fact that the amount of alcohol concentration in the blood is very high: There is no criminal record of the same kind exceeding a fine since 2000 and no criminal record exists after 208;

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