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(영문) 춘천지방법원 강릉지원 2018.07.20 2018고단443

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On August 24, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 3 million as a fine for the same crime in the same court on May 13, 2013, respectively.

[Criminal facts] On May 1, 2018, the Defendant driven CMW car under the influence of alcohol level of about 0.13% in the section of approximately 300 meters from the blood alcohol level to the front road of the 300-meter 0.113% from the 300-meter side of the 300-meter side of the Hansan Dolsan 7, Ynsan CM car.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the same kind of force), - Application of each summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. Protective observation and community service order under Article 62-2 of the Criminal Act;