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(영문) 춘천지방법원 강릉지원 2018.04.18 2018고단86

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 April 16, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on May 8, 2015, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime at the same court.

On January 5, 2018, the Defendant driven a motor vehicle with alcohol level of about 0.187% in the middle of an officer elementary school located in 1246, in the 1km section of 1k-do, Samwon-Eup's Officers' port near the modern Mart, which is about 15, Samwon-Eup's port on March 5, 2018, while under the influence of alcohol level of about 0.187%.

As a result, the Defendant violated the prohibition clause on drinking more than twice, and drives a motor vehicle under the influence of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the previous one), summary order and application of the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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;