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(영문) 춘천지방법원 강릉지원 2015.07.02 2015고단538
도로교통법위반(음주운전)
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2006, the Defendant was sentenced to a suspended sentence of 1.5 million won by a fine for a violation of the Road Traffic Act (driving on January 21, 2008), a fine of 3 million won by a violation of the Road Traffic Act (driving on July 10, 2008), and a fine of 3 million won by the same court on July 10, 2008. On June 10, 2009, the Defendant was sentenced to a suspended sentence of 6 months by a fine of 3 million won by a violation of the Road Traffic Act (driving on July 10, 2008).

On May 20, 2015, the Defendant was under the influence of alcohol with 0.095% of blood alcohol concentration around 19:25 on May 20, 2015, and the Defendant was driving a C low-speed car at a section of about 4 km from the front of the Samg-si to the front of the Southern Power Generation, located in the same Eup/Myeon principle.

As a result, the defendant was punished twice or more due to drinking driving, and he was re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the defendant reflects the crimes, has several criminal records of the same kind, but the most recent criminal records have

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