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(영문) 춘천지방법원 강릉지원 2018.07.06 2018고단415
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 December 1, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on October 18, 2012, the same court was exempted from punishment due to a violation of road traffic law (driving).

[Criminal facts] On April 25, 2018, the Defendant driven B 2 cargo vehicles under the influence of alcohol leveling of about 0.246% in a section of about 500 meters from around 3304, 22-5, Gangnam-si, Gangnam-si, Gangwon-si, and about 6:00, from around 500 meters to around 3304, 3304.

As a result, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in spite of the fact that he has driven a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver involved, and response to requests for appraisal;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the same kind of force), application of Acts and subordinate statutes, such as judgment;

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;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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