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(영문) 춘천지방법원 강릉지원 2018.06.20 2018고단312
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 16, 2011, the Defendant received a summary order of KRW 4 million as a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving), and on March 13, 2009, the Seoul Western District Court issued a summary order of KRW 1.5 million as a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving) at the early branch of the Chuncheon District Court.

On March 24, 2018, the Defendant driven Bschnton car at approximately 0.164% alcohol level from the 4km section of approximately 4km to the same spack 15 knife road in the same time, from the border lake located in Gangseo-si, Gangwon-do.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. 112 Reporting case handling table;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the history of punishment for driving a suspect's drinking), - Application of a copy of the summary order;

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

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;

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