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(영문) 춘천지방법원 강릉지원 2018.12.06 2018고단1077

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

[criminal history] On November 17, 201, the Defendant was issued a summary order of KRW 1,500,000,000,000,000,000,000,000,000 won for the same crime by violating road traffic law at the Gangnam Branch of the Chuncheon District Court (drinking driving).

[Criminal facts] On September 19, 2018, the Defendant driven Csch Rexn car under the influence of alcohol by about 700 meters in the section of approximately 0.111% in blood, from the roads front of the mutual influence in the Songdong-dong in the East Sea, to the roads front of the Union.

In this respect, the defendant was punished for driving under drinking not less than twice, but he was driving under drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 mitigate small amount;

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

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

The circumstances unfavorable: The circumstances favorable to the fact that he committed the instant crime during the period of probation: The confession and the fact that his mistake are divided.