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(영문) 춘천지방법원 영월지원 2019.01.08 2018고단446
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From July 2, 2018 to October 9, 2018, the Defendant was under the influence of driving license from July 2, 2018 to October 9, 2018, but on October 6, 2018, at approximately 653 meters from the road near C Office located in Gangwon-gun B to Ematet in D, the Defendant driven a Fgalro-II car while under the influence of alcohol with a blood alcohol concentration of about 0.205%.

2. On July 20, 2018, the Defendant committed a crime on or around November 5, 2018, received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Young-gu District Court’s Young-gu branch on July 20, 2018, and was committed as a crime of violation of the Road Traffic Act (driving) around October 6, 2018, as described in paragraph (1).

On November 5, 2018, at around 21:25, the Defendant driven an I lux cargo vehicle under the influence of alcohol level of about 0.112% from the road near C Office located in Gangwon-gun B to the H parking lot located in G during approximately 696 meters in approximately 696 meters.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. The circumstantial statement of each host driver;

1. Registers of driver's licenses;

1. Details of suspension of driver license;

1. Two copies of an investigation report (attached to a distance map for driving under influence of a suspect), and Internet guidance;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on October 6, 2018), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving under the influence of alcohol on October 6, 2018), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on November 5, 2018) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (or on October 6, 2018, the violation of the Road Traffic Act and the violation of the Road Traffic Act (mutual crimes of driving without a license and the punishment heavier on October 6, 2018).

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