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(영문) 춘천지방법원 원주지원 2017.07.19 2017고단498
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On February 2, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Port Support of the Daegu District Court (Daehan). On September 6, 2007, the Defendant was sentenced to a fine of KRW 1 million for the same crime in the Jeju District Court's Jeju Branch Support.

[2] On April 17, 2017, the Defendant driven a C Car with alcohol content of approximately 0.148% in alcohol from approximately 20km to the front day of the Gangwon-do Office, Gangwon-do, Seoul Special Metropolitan City, Gangwon-do, Seoul Special Metropolitan City, to the front day of the 606-day Seoul Special Metropolitan City, Gangwon-do.

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, and investigation report (report accompanied by a copy of the judgment);

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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. The sentencing conditions indicated in the records, such as the defendant's age, sex, environment, motive of and circumstances after the crime, etc., based on the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and attendance order, and the following circumstances, shall be determined as ordered by the court.

The Defendant was punished for a fine on three occasions (2004, 2007, and 2009) due to drinking, but did not do so, again drive the instant drinking, while driving the instant drinking again. At the time of crackdown, the Defendant was also in a high alcohol level.

A favorable circumstances: There shall not be any history of punishment exceeding a fine.

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