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(영문) 춘천지방법원 속초지원 2017.04.19 2017고단27
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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] The defendant was issued a summary order of KRW 500,000 as a fine for a violation of road traffic law at the early branch of the Chuncheon District Court on January 16, 2007, and a fine of KRW 1 million by the same court on November 19, 2007 as a crime of violation of road traffic law.

[Criminal facts] On December 12, 2016, the Defendant driven B Maz car under the influence of alcohol concentration of about 0.127% from a distance of about 200 meters from the front day of the Bioman’s apartment road in front of the 174 Sinsido-ro, 174, to the front day of the snow photographic 155 in the same Sindo-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police for C;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, and notification of the results of regulating drinking driving;

1. Photographss related to traffic accidents;

1. Previous convictions in judgment: The application of the Acts and subordinate statutes of subparagraph (A) of inquiry about criminal history;

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. 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. The sentencing conditions under Article 62-2 of the Criminal Act, such as the defendant's age, sex, environment, circumstances, means and results of the crime, etc., shall be determined as ordered in consideration of the following conditions of the sentencing.

There are many people who have been punished for drinking, non-license, etc.

The defendant has caused an accident that he is driving in a drinking state.

The Defendant recognized all of the instant crimes.

There is no record of punishment of a fine or heavier punishment for the last twenty years.

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