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(영문) 춘천지방법원 원주지원 2016.05.16 2016고단201
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 May 2, 2008, the Defendant was issued a summary order of a fine of one million won due to a violation of the Road Traffic Act (drinking driving) at the main branch of the Chuncheon District Court on May 2, 2008, and on May 18, 2012, the Defendant was issued a summary order of a fine of four million won due to a violation of the Road Traffic Act (drinking driving) at the main branch of the Chuncheon District Court on May 18, 2012, and on June 25, 2013, the Defendant was sentenced to a suspended sentence of two years for a suspension of the execution of ten-month and so on.

On March 2, 2016, the Defendant driven a motor vehicle under the influence of alcohol content of 0.108% while under the influence of alcohol without obtaining a driver’s license for a vehicle with approximately 1km section from the sub-road in the Masan-dong in the Masi-si, Won-si to the front road of the “school bridge” located in the Masan-dong in the Masi in the Masi-si, Won-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of such judgments) and statutes;

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

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 to mitigate small amount;

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

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;

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