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(영문) 춘천지방법원 강릉지원 2017.02.17 2016고단1623
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

[2017 Highest 64] The Defendant, on November 22, 2016, at the same time in the Dong-dong (Seoul Highest 64) around 23:51, 2016.

From the shot road to the original studio of the 17-lane 2-way Domp, C Dok-gu Dok-type Dok-type Dok-type Dok-do Dok-do Dok-do Dok-do, under the influence of alcohol over 0.05% in blood

[2016 Highest 1623] On September 20, 2006, the Defendant was notified of a fine of one million won as a crime of violating road traffic law (dacting driving) at the Gangnam Branch of the Chuncheon District Court. On December 8, 2016, the Defendant was indicted as a crime of violating road traffic law (dacting driving) at the same court around December 64, 2016.

Even though the Defendant violated the prohibition clause under the influence of alcohol twice or more, the Defendant driven C Corbea in the state of alcohol leveling 0.084% of alcohol leveling from around nine meters at the road in front of the Samdong-dong High School in the East Sea at around November 29, 2016, even though he/she violated the prohibition clause under the influence of alcohol at least twice.

Summary of Evidence

[2017 Highest 64]

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Photographss of each vehicle, and vehicle operation-related photographs of each recipient;

1. Reports on internal investigation and investigation reports (with respect to the confirmation of the operating hours of the final drinking vehicle and the application of the said d mark, and with respect to the alcohol concentration in Defendant’s blood);

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on review of drinking force);

1. Article 2017 altitude 64 of the Decision on the Determination of the relevant Act and the Decision on the Selection of Punishment: Cases under Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act, which are 2016 altitude 1623: Articles 148-2(1)1 and 44(1) of the Road Traffic Act (selected of imprisonment);

1. The punishment provided for in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes as indicated in the holding two) is more severe.

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