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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고단822
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

The Defendant is a person who was sentenced to a fine of KRW 1,50,000 for a violation of road traffic law at a general military court of the 2th regular military court of the Chuncheon on November 12, 2005, a fine of KRW 1,500,000 for the same crime at the Chuncheon District Court on May 11, 2007, and a fine of KRW 1,50,000 for a fine from the Gangnam Branch Branch of the Chuncheon District Court on April 24, 2015 to three times.

On June 23, 2017, the Defendant driven a BN motor vehicle at approximately 20 km from the road in front of the Saemaul apartment in the Dondong-gu, Dondong-gu, Dondong-do to about 0.209% of alcohol level while under the influence of alcohol level around 22:32 on June 23, 2017.

As a result, the Defendant driven a motor vehicle under the influence of re-driving on more than two occasions, even though he had a history of driving.

Summary of Evidence

1. Statement by the defendant in court;

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. Response to a request for appraisal;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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. 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession and reflect, the circumstances unfavorable to the fact that there is no record of punishment exceeding the fine: The fact that the records of punishment for driving under drinking are three times in total, the fact that the drinking volume is very high and the driving distance is considerable;

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