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(영문) 춘천지방법원 강릉지원 2017.10.25 2017고단865
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and was sentenced to a fine of KRW 5 million in the same court on April 13, 2010.

On June 21, 2017, without obtaining a driver's license of a motor vehicle, the Defendant driven a D-cap vehicle in the 3km section from the front of the gate Building located in the Gangseo-si Office Office of Gangseo-si to the front road of 138-12, at the same time, with a level of 0.24% alcohol level in the blood while under the influence of alcohol at around 15:43.

Accordingly, the Defendant, while being under the influence of alcohol more than twice, was driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on a traffic accident, on-site photograph, ledger of driver's license, notification of the results of regulating the driving of drinking, investigation report (report on the situation of the driver who is placed in driving), and report on the circumstances

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed 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 suspension of execution (the prior action shall be taken only once in consideration of the past record of crime, the fact that an agreement has been reached with the victim);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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