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(영문) 춘천지방법원 강릉지원 2017.01.25 2016고단1579
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2007, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution due to a violation of the Road Traffic Act on October 31, 2007, and was sentenced to 7 million won of fine due to the same crime in the Gangnam Branch of the Chuncheon District Court on March 18, 2013, and was sentenced to 7 times of the same criminal record.

Although Defendant had been subject to punishment twice or more due to drinking driving, Defendant 2 driven BM5 cars from approximately 2 km to the roads of the same hour at the Yecheon-dong Vambing Station in the state of under the influence of alcohol level of 0.126% from October 29, 2016, when he was under the influence of alcohol at around 20:25 at around the same time.

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 a reply to inquiry, such as criminal history, report on investigation (formers and binding of judgment) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend (the scope of punishment) is [the sentence] 6 months to 1 year and 6 months from 6 months from 1 year and 6 months from 7 months from her imprisonment [the sentence], despite the past record, the recidivism in the instant case occurred at 7 times, the necessity of strict punishment is also observed, late and opposite to her in light of the circumstances immediately after the control in the instant case, etc., the Defendant’s family environment and support relationship, and drinking volume of the instant case, etc. are determined within the scope of the mitigated sentence, and the execution of the sentence is suspended on condition that the Defendant shall observe the protection and observation and take part in compliance driving lectures for a certain

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