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(영문) 춘천지방법원 원주지원 2015.06.10 2015고단347
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

1. On March 17, 2015, the Defendant, at around 16:30 on March 17, 2015, driven a motor vehicle under the influence of alcohol 0.172% of blood alcohol content without obtaining a driver’s license in the section of about 120km from the first road in front of the site of a land at which the Cheongju-si is located and near the Cheongju-si, to the first road in front of the land at which the Cheongju-si is located, while driving a motor vehicle under the influence of alcohol 0.172% of blood alcohol content.

2. On March 20, 2015, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at the Cheongju District Court on November 5, 2014, issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving without a license). On March 17, 2015, the Defendant was charged with a violation of the Road Traffic Act (driving without a license) as stated in the foregoing paragraph (1) and the same provision.

On March 20, 2015, at least 12:37, the Defendant again violated the Road Traffic Act which prohibits drinking without obtaining a driver’s license from the Do in front of the Cheongbuk-dong in the Haju-si, Ma-dong to the roads in front of the Haju-dong, 50 meters old-dong, at least two times, and drives a motor vehicle with Cromatic alcohol concentration of 0.365% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each driver, the register of driver's licenses for each motor vehicle, and each red inquiry;

1. Each photograph;

1. Previous convictions indicated in judgment: Investigation report (verification of the same record of a suspect), prosecution district court 2014 High Court summary order and summary order and inquiry report, and application of Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol as of March 17, 2015), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without the license as of March 17, 2015), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol as of March 20, 2015), subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without the license as of March 20, 2015) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and driving)

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