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(영문) 춘천지방법원 속초지원 2017.02.08 2016고단363
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On May 11, 2007, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating road traffic law (drinking driving) in the early branch of the Chuncheon District Court on May 11, 2007, and a fine of KRW 3 million in the same court on December 8, 2008, respectively for the same crime, and the Defendant was punished for drinking and non-licensed driving up to eight times in total.

Although there have been more than two times the history of punishment for the crime of driving alcohol as above, the Defendant driven B-wing truck with approximately 0.175% alcohol level in the section of about 1km from the front of the elementary medical center located in the Young-gu, Young-gu, 07:39 on September 3, 2016 to the front day of the Gangwon-gu, Gangwon-gun's Gosung-gun's Gosung-gun's Gowon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Responses to requests for appraisal, investigation reports (investigation of revisions to facts constituting a crime and criminal suspect's blood appraisal and replies);

1. Reporting of investigation results;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of judgment);

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. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Punishment and the Suspension of Execution of Imprisonment with prison labor)

1. An order to attend a course under Article 62-2 of the Criminal Act;

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