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(영문) 춘천지방법원 강릉지원 2012.08.16 2012고합54
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On May 16, 2011, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on July 5, 2011, and the said order became final and conclusive on July 5, 2011. On March 19, 2012, the Defendant issued a summary order of KRW 3 million for the same crime, etc. at the above court.

around 12:00 on April 22, 2012, the Defendant driven Cma business car under the influence of alcohol content of about 0.275% without obtaining a driver’s license in the 5km section from the central market public parking lot in Gyeyang-dong, Namyang-dong, to the slope distance in the same city in the same Dong-dong.

around 12:58 on June 15, 2012, the Defendant driven Cmaz car under the influence of alcohol content of at least 0.341% without obtaining a driver’s license in the section of approximately 4.3km from the street in front of the main house to the slope distance in the same time-dong in the same time-dong, Samyang-si, Samyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Occurrence of cases under the Road Traffic Act (e.g., driving without a license) and reports on voluntary driving of suspects, reports on the circumstantial statements of each drinking driver, reports on the results of the control of drinking driving, notification on the results of driving under influence of alcohol, the ledger of driver's licenses for motor vehicles, the inspection of car

1. Before judgment: Application of Acts and subordinate statutes of inquiry reports, a copy of inquiry reports, a copy of sending a case, a previous disposition and a report on the results of confirmation, and an investigation report (Attachment to a summary order);

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. Among the crimes of violation of Articles 40 and 50 of each Criminal Act (a punishment prescribed for a violation of the Road Traffic Act and a violation of the Road Traffic Act: A punishment prescribed for a violation of the same Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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