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(영문) 춘천지방법원 강릉지원 2016.05.03 2016고단229

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

【Criminal Records of Crimes】 On January 30, 2009, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court, and on August 17, 2009, sentenced to a fine of two hundred and five hundred thousand won for a violation of road traffic laws (driving) in the same support.

【Defendant Appellant was a person who had been punished for drinking two or more times as above, and driven B K5 cars under the influence of alcohol content of 0.128% from the front of the point of view of the CUd forest located in Gangseo-si, Gangseo-si, Seoul on February 27, 2016 to the front of the road of the house, with a cUdow in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Selection of imprisonment with prison labor under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, which pertains to the relevant criminal facts and selective punishment;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight (including the fact that a person commits a crime against his/her will and that he/she has no record of other crime except for his/her two-time drinking driving);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Reasons for mitigation of small amount);