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(영문) 춘천지방법원속초지원 2020.12.16 2019고단195
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On March 19, 2019, around 07:50, the Defendant driven a Dsan PP car with a blood alcohol concentration of at least 0.179% while under the influence of alcohol without obtaining a driver's license from around 10km in the section of about 10km from the front of the Gosi-si B apartment to the front of the Gosungsung Cri-gun.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant again commits the same kind of crime even though he/she had the record of being sentenced to a fine several times due to drinking and driving without a license, and the defendant's blood alcohol concentration level at the time of the instant case shall be determined as ordered in consideration of the overall sentencing conditions

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