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(영문) 춘천지방법원 속초지원 2015.09.02 2015고단251
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On September 15, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on September 15, 2010, and was sentenced to a summary order of one million won for the same crime at the Chuncheon District Court on September 10, 2009 and was sentenced to a total of three times for drinking driving.

【Criminal Facts】

On June 4, 2015, the Defendant, as seen above, driven a B-L car under the influence of alcohol of about 3 km from the Daepo Airport parking lot located in Taepo-dong, Supo-si, Supo-si on June 4, 2015 to the front road of about 14:15 on the same day, while driving a B-L car under the influence of alcohol of about 0.157%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification reports of the same kind of criminal records as a suspect), - Copies of judgments, and copies of summary order Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor (not less than three times before the same kind of crime, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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