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(영문) 춘천지방법원 강릉지원 2018.07.06 2018고단427
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 history] On October 30, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 4 million as a fine for a violation of road traffic law at the Gangseo Branch of the Chuncheon District Court on August 18, 2010, respectively.

[Criminal facts] On May 2, 2018, at around 04:05, the Defendant driven BM5 vehicle under the influence of alcohol leveling 0.182% from a section of about 500 meters from the front of the YY center in the Yecheon-dong in the East Sea to the front road of the Dongcheon-dong in the East Sea.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order) - Application of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. Protective observation and community service order under Article 62-2 of the Criminal Act;

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