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(영문) 춘천지방법원 2015.11.06 2015고단954
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 15, 2015, the Defendant was sentenced to a fine of five million won for the crime of violating the Road Traffic Act (refluence of the measurement) at the Chuncheon District Court on June 15, 2015, and one million won for the crime of violating the Road Traffic Act (refluence of the noise measurement) at the same court on November 17, 2009.

【Criminal Facts】

The defendant is a person who drives a class vehicle B.

At around 00:10 on August 28, 2015, the Defendant driven the said vehicle without obtaining a driver’s license in approximately 4km section from the front of the “Yancheeung” located in Yang-gu, Yangyang-gu, Yangyang-gu, Gangwon-do, both-gu, and the front of the said military road from about 00:10 to about 0.135% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of the crackdown on drinking driving and the license register;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (report accompanied by a copy of summary order);

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that the defendant has no previous conviction in excess of a fine, and that he has committed an offense in depth and has not committed any second offense);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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