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(영문) 춘천지방법원 강릉지원 2017.10.12 2017고단913
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

On January 22, 2008, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court, etc. On August 30, 201, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic laws in the same court. On January 10, 201, the Defendant was sentenced to a suspended sentence of one year for six months due to a violation of road traffic laws in the same court on January 10, 201.

On July 14, 2017, the Defendant driven a coo motor vehicle in B while under the influence of alcohol content of about 3 0.093% while under the influence of alcohol level of 0.093%, from the vicinity of the entrance of the port at Cho-si located in Cho-dong, to the roads located in 18 (Yyang-dong, Namyang-dong) at the same time.

As a result, the defendant violated the prohibition clause on drinking more than twice, and drives a motor vehicle in a drunken state in violation of the same clause.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (such as the same type of force), and other relevant 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. 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 unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The above circumstances and the defendant's erroneousness are against themselves, such as the age, sex, environment, circumstances, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered in consideration of the above circumstances and the defendant's erroneousness.

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