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(영문) 춘천지방법원 강릉지원 2017.10.25 2017고단952
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

[criminal history] On November 3, 2008, the Defendant received a summary order of KRW 3 million for a crime of violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 5 million for a crime of violation of road traffic law in the same court on January 13, 2014, respectively.

[2] On July 28, 2017, the Defendant, who violated the provision on the prohibition of driving under the influence of alcohol twice or more, driven a B B-T-in car in the state of under the influence of alcohol with approximately 0.131% alcohol concentration on the part of approximately 8km from the date before the string in the Gangseo-gu Seoul Special Metropolitan City to the front of the 4073rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Report on the occurrence of a traffic accident, report on a traffic accident, on-site photograph, notification of the results of regulating the driving of drinking, statement report on the situation of the driver who is placed at home, and investigation report (report on the situation

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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