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(영문) 춘천지방법원 강릉지원 2016.09.22 2016고단957

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On October 25, 2006, the Defendant received a summary order of KRW 2,50,000,000 as a fine for violation of road traffic law (drinking driving), etc. at the Gangnam Branch of the Chuncheon District Court, and KRW 2,00,000 as a fine at the Cheongju District Court on January 6, 201, respectively.

On July 11, 2016, the Defendant driven B1 ton cargo vehicles with alcohol content of about 5km from around 230 meters to around 68,00,000, in the direction of the driving school for three-dimensional vehicles located in the same City/Do, from around 08:10,00 to around 0.103% of the blood alcohol content.

Accordingly, even though the Defendant violated Article 44(1) of the Road Traffic Act more than twice, the Defendant was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order).

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the crime; the choice of imprisonment with prison labor;

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 stay of execution (the fact that no one has been sentenced to punishment and the following day after drinking)

I think that the crime was committed while committing the crime, and that there was no accident, etc.