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(영문) 춘천지방법원 강릉지원 2016.01.27 2015고단1330
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 7, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1,500,000 for the same crime in the Gangnam Branch of the Chuncheon District Court, and the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions.

[2] On November 9, 2015, the Defendant: (a) driven a motor vehicle with no driver’s license in approximately 3km section from the parking lot in front of the parking lot in the Southernnam-dong of Gangseo-si to the front of the irregular restaurant in the vicinity of the Hancheon-si, Chungcheongnam-si; (b) around 18:50 on the same day, the Defendant driven the said motor vehicle under the influence of alcohol concentration of about 0.141%, without obtaining a driver’s license, from the front of the above restaurant to the front of the Gangseo-si, the Gangseo-si, the Gangseo-si, the 2362 “Ling-si,” and without obtaining a driver’s license in the section of approximately 1km to the front of the “Ling-si,” which is under the influence of alcohol concentration of about 0.141%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report on actual condition, on-site photographs, notification of the results of crackdown on drinking driving, circumstantial report on the driver of the vehicle, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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