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(영문) 춘천지방법원 속초지원 2015.08.26 2015고단237
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 12, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act, etc. at the early branch of the Chuncheon District Court on July 12, 201, and the Defendant was sentenced to a summary order of two million won for the same crime in the same court on November 10, 201.

【Criminal Facts】

On May 14, 2015, at around 19:57 on May 14, 2015, the Defendant driven Cpoter cargo vehicles with approximately KRW 600 meters of alcohol content 0.136% while under the influence of alcohol, from the front day of the Wooyang-gun, Yangyang-gun, the Ganyang-gun, the Gancheon-gun, to the long-distance road at the entrance of the fish farm located in the same Rian-do.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification reports of the same kind of suspect), and copies of summary order-related Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (in consideration of the fact that three times before the same kind of crime and the blood alcohol concentration is not low, etc.);

1. Mitigation of discretionary work and taking into account Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confessions and reflects, and facts that there are no criminal records of the same kind of punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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