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(영문) 춘천지방법원 강릉지원 2017.02.09 2017고단53
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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] The Defendant was sentenced to six months of imprisonment with prison labor due to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on February 23, 2012, and was sentenced to five times of previous convictions in the same kind of drinking.

[2] Notwithstanding the fact that the Defendant was punished for driving under drinking two or more times, the Defendant driven a coo car in the section of about five meters from around 05:17 around December 15, 2016 to about 63 meters from around the same city-ro 63-ro Gaol-ro 63-ro Gaol-ro, while under the influence of alcohol leveling 0.127% of alcohol level among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the crime; the choice of imprisonment with prison labor;

1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity [it shall be considered, although it is deemed that a person has been punished several times for the same type of crime, (it shall be considered that he/she lives without a previous conviction after the prison labor for 2012, imprisonment for 2006, the suspension of the execution of imprisonment for 2010, a fine for 2004, 2005, etc.), the fact that he/she drives a short distance for the movement of parking, etc.];

1. Article 62 (1) of the Criminal Act on the suspension of execution (Reasons for mitigation of small amount);

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