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(영문) 춘천지방법원 강릉지원 2016.07.07 2016고단700
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 19, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court of Daegu, Daegu, as a case of a violation of the Road Traffic Act (dacting driving), and two million won for a violation of the Road Traffic Act (dacting driving) in the same court on August 19, 2010.

On March 24, 2016, at around 20:35, the Defendant driven a B rocketing passenger car under the influence of alcohol content of approximately 0.189% in blood, from the street to the street of the executive branch of the Suwon-gu, Suwon-si, Seoul, to the roads before the IC of the same Eup Myeon.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven B rocketing passenger cars without a driver’s license at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment to a summary order of the same kind of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (including the fact that there is no record of crime exceeding a fine, and the fact that a crime is committed against a person, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Reasons for mitigation of small amount);

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