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(영문) 춘천지방법원 강릉지원 2015.07.16 2015고단467

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Gangnam Branch Branch of the Chuncheon District Court on January 25, 2008, and a summary order of KRW 7 million as a fine for the same crime in the same court on January 28, 2013.

On March 13, 2015, the Defendant, like the above criminal power, was a person who had been subject to two times of the Road Traffic Act(hereinafter referred to as the “Road Traffic Act”). On March 13, 2015, the Defendant was under the influence of alcohol at approximately 100 meters of blood alcohol level 0.30% (blood collection result) from the front side of the Red Swin Swindong located in Gangseo-si, Gangseo-si, and driven a vehicle volume under the influence of alcohol level 0.30% (blood collection result).

Summary of Evidence

1. Defendant's legal statement;

1. Results of blood collection appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant legal provisions concerning the facts of crime and the choice of punishment, and the choice of imprisonment under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (including the fact that the defendant reflects the crime, and the same criminal records are three times, but not where

1. Article 62-2 (1) of the Criminal Act to attend lectures;