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(영문) 춘천지방법원 영월지원 2018.11.13 2018고단363
도로교통법위반(음주운전)
Text

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 March 20, 2009, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic laws (drinking driving) from the Youngcheon District Court’s Young-gu branch on March 2009. On June 30, 2009, the Defendant received a summary order of KRW 4 million for the same crime, etc.

[2] On August 4, 2018, the Defendant driven a C low-speed car under the influence of alcohol content of about 0.241% in the section of about 2km from the Jin-Jin real estate located in the Jin-gu Jin Chang-gun, Jin-gun, Jin-gun, the Jin-gun, to the front road of GS25 square meters in front of the Jin-gu, the Jin-Jin-gun, the Jin-gun, the Jin-gun, the Jin-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (the application of the above dmark);

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of a person who commits a crime committed while driving alcohol), and copies of summary order;

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 for the same kind of crime, and other factors such as character and behavior, environment, motive and circumstance leading to the crime of this case, and the circumstances before and after the crime of this case shall be determined by taking into account all the factors of sentencing indicated in

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