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(영문) 춘천지방법원 강릉지원 2018.07.06 2018고단236

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 18, 2007, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for a year, due to a violation of road traffic law in the early support of the Chuncheon Local Police Agency, etc., and two years after the suspension of execution for a period of eight months, due to a violation of road traffic law in the Gangnam Branch of the Chuncheon District Court. < Amended by Act No. 983, Oct. 9, 2009>

As above, Defendant 1, as a person who violated Article 44(1) of the Road Traffic Act twice, driven a B-hand car from the section of about 1 km from the 60m radius to the roads near 2648 near the same hour, while under the influence of alcohol content of around 15:30 on March 11, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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

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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the defendant has been punished for driving on several occasions,

1. Protection and observation, and community service work, under Article 62-2 of the Criminal Act;