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(영문) 춘천지방법원 강릉지원 2016.09.21 2016고단1045
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 15, 2013, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on two or more occasions, such as receiving a summary order of a fine of KRW 2 million for a crime of violating road traffic law in the Gangnam Branch of the Chuncheon District Court on November 15, 2013, and a summary order of KRW 700,000 from the above court on November 24, 2010.

[Criminal facts] On July 27, 2016, the Defendant driven BM5 vehicle under the influence of alcohol with approximately 0.135% alcohol concentration at approximately 2km from the 2km section from the main point of “Y, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, and C, B, B, B, and C, B, B, B, B, and C, B, and C, B, the front of “Y, B, B, B, B

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (related to drinking force);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds, etc. for the mitigation of the amount of punishment as mentioned earlier);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc., that the vehicle will not be disposed of after the instant case and will not be repeated;

The execution of a sentence shall be suspended on the condition that the defendant's punishment shall be determined within the scope of the term of punishment, and the protection observation shall be observed, considering the fact that the defendant's support (support for the mother in ambling disease) is being taken into account.

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