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(영문) 춘천지방법원 영월지원 2018.06.19 2018고단153
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 December 31, 2014, the Defendant received a summary order of KRW 500,000 as a fine for a crime of violating the Road Traffic Act (dacting driving) from the Youngcheon District Court’s Young-gu branch on December 31, 201, and on June 19, 2015, the same court received a summary order of KRW 5 million as a fine for the same crime.

[2] On March 22, 2018, the Defendant driven Bp-car under the influence of alcohol concentration of approximately 0.053% in the section of approximately 500 meters from the blood alcohol level to the road located in front of the Korean hydroelectric power plant located in the north-ro 2098, Ulsan-do, Ulsan-do, Ulsan-do, 2098, from the front of the vice-ro 2149, the Defendant driven the Bp-car under the influence of alcohol concentration of about 50 meters.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, an investigation report (verification of driving skills under drinking at least twice), and a copy of a summary order;

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 suspended execution;

1. In full view of the unfavorable circumstances such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act had the record of punishment for the same kind of crime, the defendant's recognition of the crime of this case, favorable circumstances such as the fact that there was no record of punishment exceeding the fine, etc., and other factors of sentencing indicated in the records of this case such as character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc.

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