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(영문) 춘천지방법원 강릉지원 2018.09.13 2018고단656

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

[Power of crime] On November 16, 2016, the Defendant issued a summary order of 1.5 million won or more for a crime of violating road traffic law at the Ulsan District Court, and on June 28, 2006, a summary order of 1 million won or more for the same crime at the Busan District Court. < Amended by Presidential Decree No. 19506, Jun. 28, 2006>

[2] On June 10, 2018, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol twice or more, driven Cenz E400 automobiles under the influence of alcohol at approximately 0.074% alcohol concentration from the 7km section of 7km away from the parking lot in the Dong-ri, Dong-si, Dong-dong, Gangwon-do, to the front day of the same Macukdong-dong, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

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 a reply to inquiry, such as criminal history, investigation report (verification of suspect's history of driving alcohol), and summary order, to two copies of the Act 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 that are disadvantageous: The circumstances that are favorable to repeatedly committing the same kind of crime: The confession and the fact that one's mistake is divided, and there is no record of punishment exceeding the fine.