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(영문) 춘천지방법원 강릉지원 2018.05.10 2017고단1558
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 December 22, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law at the Gangnam Branch Branch of the Chuncheon District Court, and on October 23, 2009, the Defendant received a summary order of KRW 1 million for the same crime from the same court, and on June 19, 2014, was sentenced to a fine of KRW 8 million for the same crime, etc. at the same court.

On October 26, 2017, the Defendant driven a car with Cme while under the influence of alcohol content of about 0.159% in alcohol level, from the road near 1-ro 71 p.m. (red red dong, red u.m.) to the same red f.m. to the near 6-lane.

As a result, the Defendant violated the prohibition clause on drinking more than twice, and drives a motor vehicle under the influence of drinking in violation of the above provision.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (Investigation of the mark of alcohol concentration in the blood);

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the crime, circumstance before and after the crime, etc., shall be determined as ordered by considering the fact that the crime of the same kind is repeatedly committed for the reason of sentencing under Article 62-2 of the Criminal Act, and the drinking volume is considerable;

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