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(영문) 춘천지방법원 강릉지원 2017.09.27 2017고단824

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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 Force of Crimes】 On December 12, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act in the same support on October 5, 2015.

【Criminal facts constituting the Defendant, even though he was punished twice due to drinking driving, he driven C vehicle under the influence of alcohol content of about 0.062% from around 50 meters from the 22:33 p.m., in the direction of the p.m. to the front road of the p.m. during the same time-based p.m.-based p.m. to the front road of the same time-based p.m.-based p.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of a driver driving a drinking, inquiry into the results of crackdown on drinking restrictions, and a statement on the circumstances of the driver driving a drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for the mitigation of small quantity (i.e., reflects the situation, there is no previous conviction exceeding the suspension of execution, and the degree of alcohol content in blood, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of quantity as mentioned earlier);