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(영문) 춘천지방법원 강릉지원 2018.09.13 2018고단654
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 Records of Crimes】 On March 5, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court, and on May 1, 2015, issued a summary order of KRW 4 million with the same crime at the same court.

【Criminal fact-finding on July 3, 2018, the Defendant driven Dworke car under the influence of alcohol concentration of about 0.170% from the 4km section of the blood alcohol level to the front road of the restaurant in the same 60-ro of the city from the parking lot for the funeral hall at the Gangnam-si Hospital of Gangseo-gu, Gangseo-gu, Gyeongcheon-si to the funeral hall at the same time.

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 drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same kind of force), and a copy of a summary order;

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. 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. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

Normals which are disadvantageous: The fact that the crime is repeatedly committed and the degree of drinking is considerably favorable: The confession and the fact that his mistake is divided.

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