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(영문) 춘천지방법원 강릉지원 2015.06.18 2015고단355
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2006, the Defendant received a summary order of KRW 1.5 million from the Chuncheon District Court's Gangwon Branch Branch of the Road Traffic Act, a summary order of KRW 500,000 as a fine for a violation of the same Act in the same court on October 9, 2009, and a summary order of KRW 5 million as a fine for a violation of the same Act in the same court on August 25, 2014, respectively.

Criminal facts

On March 19, 2015, at around 21:22, the Defendant: (a) planned a section of approximately 400 meters from the front day of the “Joint Felg” in Gangnam-si to the front day of the “Folkdong” in the same Dong, without a driver’s license, while under the influence of alcohol of about 0.085 percent of the blood alcohol concentration; and (b) driven a vehicle.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, drives a motor vehicle in the state of under the influence of alcohol, while driving a motor vehicle with no license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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