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(영문) 춘천지방법원 강릉지원 2017.08.09 2017고단503

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 December 7, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving) from the Suwon Franchising Franchising Board. On October 19, 201, the Defendant received a summary order of KRW 2 million for the same crime from the Gangnam branch of the Chuncheon District Court.

On April 23, 2017, the Defendant driven B don-car under the influence of alcohol concentration of approximately 0.129% from the 1km section of approximately 1km to the 13rd road of Gangseo-si from the 2301 Gyeongnam-si in front of the restaurant, which is a delay in the south-dong of Gangseo-si, Gangnam-si.

Although the defendant was punished as a crime of violating the Road Traffic Act (drinking driving) on more than two occasions, he driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. All on-site photographs;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the same type crime) by 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 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for repeated mitigation, etc. taking into account the aforementioned circumstances);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, and Article 62-2 of the Act on the Protection, etc. of and Order to Attend, also causes traffic accidents, and the necessity for strict punishment in light of the drinking volume, etc. of this case, however, it is that the driver will scrap the rolling

The execution of a sentence shall be suspended on the condition that the sentence for the defendant shall be determined within the scope of the mitigated sentence, considering the fact that the defendant's family environment, support relationship, mental health conditions, etc. is being taken into account, and the defendant shall be subject to protection and observation for a certain period of time, and the