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(영문) 춘천지방법원 속초지원 2015.10.28 2015고단357
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On May 15, 2012, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Busan District Court's Branch on May 15, 2012, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on May 26, 2008.

【Criminal Facts】

The Defendant, as above, even though he had a history of driving under the influence of alcohol twice or more, 2015

7. 10. 02:10, at around 02:10, a person driving a car B e-d motor vehicle with approximately 10km alcohol concentration of 0.129% in alcohol on the front of the Geum River apartment, which is located in the Seocho-si, Gangwon-si, Gangwon-do, from the front of the Geum River, to the front of the Taesung-si, Gowon-gun, Gowon-gun, Gowon-gun, Gowon-si.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of suspect's records), copies of summary order, copies of written judgments, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture: Determination of the fact that both criminal records of the same kind are fines, confessions, and reflects: 8 months of imprisonment, 2 years of suspended sentence, 120 hours of probation, and 40 hours of taking a compliance driving lecture;

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