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(영문) 춘천지방법원 속초지원 2014.12.10 2014고단447
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On May 6, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the early branch of the Chuncheon District Court on May 6, 2008. On December 27, 2011, the Defendant was sentenced to imprisonment for eight months and a fine of one million won for a crime of violation of the Road Traffic Act in the early branch of the Chuncheon District Court. The execution of the sentence was completed on July 28, 2012.

【Criminal Facts】

Although the Defendant had had a force of driving under the influence of alcohol twice as above, on October 3, 2014, at around 22:30, the Defendant driven BM car under the influence of 0.095% alcohol concentration at a blood alcohol concentration of 0.095% from the front day of the packing end of the “blost site flag,” which is located in the Seocho-si, Seocho-si, Gangwon-gu, Gangwon-gu, Seoul, to the front day of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification reports on the same kind of suspect records), reports on the results of dispositions before and after confirmation, copies of the judgment, copies of the summary order, and the application of Acts and subordinate statutes concerning the status of personal identification and confinement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a sentence, and the choice of imprisonment (to take into account the fact that the criminal of this case was committed during the same criminal period, while the criminal of this case was committed during the same criminal period);

1. Article 35 of the Criminal Act among repeated crimes;

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that it is white and reflects, and that the blood alcohol concentration is not very high);

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