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(영문) 춘천지방법원 영월지원 2017.09.26 2017고단321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2009, the Defendant was issued a summary order of KRW 1,50,000,000,000 for a fine due to a violation of the Road Traffic Act (drinking) with respect to a violation of the Road Traffic Act at a high-level district court in the Jung-gu District Court. On August 25, 201, the same court issued a summary order of KRW 5 million for the same crime, etc.

On July 18, 2017, the Defendant driven a car B in the state of alcohol alcohol content of about 0.179% from the section of about 10km to the crossing of a railroad way in the vicinity of the grix gral distance between the public parking lot located in the northwest-gu Seoul Special Metropolitan City, Gangwon-do, Seoul Special Metropolitan City, Seowon-gun, to the public parking lot located in the south of the Gangwon-gu Seoul Special Metropolitan City, Seowon-gun, Seowon-gun, Seoul Special Metropolitan City, the Defendant driven a car in B in the state of alcohol content of blood.

2. No person who violates railroad safety Acts shall neglect things that hinder the safe operation of rolling stock in a place within three meters in width on both sides from the center of the track without justifiable grounds;

Nevertheless, around 02:25 on July 18, 2017, the Defendant parked a car for about 10 minutes on the railroad crossing track of a power line in the vicinity of the grix of the grix of the grix of the grown-gun on the south of the Kangwon-gun on July 18, 2017 and left alone.

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. On-site photographs;

1. 112 Reporting case handling table;

1. Investigation report (specific time to commit the crime);

1. Application of Acts and subordinate statutes concerning report on investigation by witnesses C telephone investigation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Articles 78(2)6 and 48 subparag. 3 (the point of violation of the Railroad Safety Act) of the Railroad Safety Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the defendant committed the instant drinking crime without being aware of the fact that he/she had been punished several times due to drinking driving, and the defendant committed each of the instant cases.

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