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(영문) 춘천지방법원 강릉지원 2017.07.19 2017고단491

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 22, 2008, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on April 12, 2013, the same court received a summary order of KRW 4,00,000 as a fine for a violation of road traffic law.

As above, the Defendant violated the provision on the prohibition of driving under the influence of alcohol twice or more, and driven a C Lastren motor vehicle under the influence of alcohol at approximately 0.124% of alcohol content from the 1km section from the 20:10 on April 24, 2017 to the front road of the housing located in Sam-amam-si B from the 20:10 on March 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, and report on the results of regulating drinking;

1. Each related photograph;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and the application of the relevant Acts and subordinate statutes after each drinking control;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act to be mitigated considering extenuating circumstances (i.e., reflectability, the fact that there is no previous conviction or more than the punishment of qualification suspension, the family environment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for repeated mitigation, etc. taking into account the aforementioned circumstances);

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;