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(영문) 춘천지방법원 속초지원 2018.02.14 2017고단332
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime in the first branch of the Chuncheon District Court on May 30, 2012, by a fine of KRW 3 million and a fine of KRW 4 million in the same court on August 13, 2014, respectively.

On July 24, 2017, the Defendant driven a Crocketing GL car with approximately 0.056% alcohol concentration in blood at a distance of about 6km from the front day of the East Sea General Mart in 61, 2017 to the front day of the rental yellow road located in 1621, Jin-si, Jin-si, Jin-si, Jin-si, Seocheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the offender's place, report on the result of regulating drinking driving, and report on the situation of the driver of drinking;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes to inquire about the results of crackdown on drinking driving;

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. The reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture are against the instant crime, the fact that the Defendant’s alcohol content was relatively high at the time of the instant case, the fact that the Defendant had a majority of criminal records due to driving alcohol, and the Defendant’s age, sex, sex, environment, circumstances of the relevant crime, means and consequence, etc., shall be determined by taking into account the overall sentencing conditions, such as the circumstances after the commission of the crime, etc.

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