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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1523
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 25, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (drinking driving) at the Gangnam District Court's Gangnam Branch on two occasions. On October 26, 2016, the Defendant driven Ci30 automobiles in the 1km section of approximately 1km from the blood alcohol level to the middle school in front of the bus stop at the same time, and driven Ci30 automobiles under the influence of alcohol level of about 0.184% from the 1km section of the bus stop to the middle school in front of the same city bus stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (the same criminal record and confirmation);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the crime; the choice of imprisonment with prison labor;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount of Punishment (including the fact that driving under drinking does not have any previous record of exceeding a fine due to drinking (the fine for negligence in 2007, 2013) and the fact that it does not cause any accident)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Reasons for mitigation of small amount);

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