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(영문) 춘천지방법원 강릉지원 2017.04.26 2017고단30
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 27, 2016, the Defendant driven B Spo-type vehicles under the influence of alcohol level of about 0.168% while under the influence of alcohol level of about 1k, without obtaining a driver's license, from the front side of the west-si red-dong red-dong (100mp. 12mp. m. to the front side of the hotel in Gangseo-gu (12mp. m.).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

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

1. Violation of the Traffic Act (driving of alcohol): Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning a crime: Violation of the Road Traffic Act as stated in Article 148-2 (2) 2 and Article 44 (1): Article 152 (1) and Article 43;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act (the punishment provided for a crime of violating the Road Traffic Act as stated in the holding two crimes, the punishment between such crimes, and the punishment heavier, and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the same military force of the defendant for sentencing, the necessity of strict punishment is also observed, reflecting the fact that the defendant's family environment and support relationship, and there are no criminal records above the suspension of qualification, etc., the punishment against the defendant shall be determined and the execution of the punishment shall be suspended on the condition that the defendant takes a compliance driving lecture.

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