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Reasons
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(영문) 춘천지방법원 영월지원 2018.10.30 2018고단300
도로교통법위반(음주운전)
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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 February 20, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic laws (drinking) from the Youngcheon District Court’s Young-gu branch on February 20, and on October 8, 2010, issued a summary order of KRW 2,50,000 as a fine at the Incheon District Court’s same crime.

[2] On July 15, 2018, the Defendant driven CNs G80 cars while under the influence of alcohol leveling 0.169% from the 15km section to the front road, under the name of the second apartment apartment of “as from the front road to the 650-ro, Taeg-si, Taeg-si, Taeg-si, Gogwon-gun, Gogwon-gun on July 15, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. On-site photographs;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order), and summary order, three copies of the three 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include unfavorable circumstances such as the fact that the defendant has been punished for the same kind of crime, the defendant's recognition of the crime of this case, favorable circumstances such as the fact that the defendant has no record of punishment exceeding the fine, and other factors such as character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime of this case shall be determined as ordered by taking into account all the conditions of sentencing indicated in the records

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