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(영문) 춘천지방법원 강릉지원 2016.10.26 2016고단1085
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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 May 12, 2014, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, and on April 3, 2015, the Defendant received a summary order of KRW 2 million for the same crime, etc. at the same court.

On July 2, 2016, at around 21:25, the Defendant driven a Bol-do car under the influence of alcohol with approximately 0.127% alcohol concentration around the 1km section from the road near the terminal parking lot located in Gangnam-si to the roads near the World Cup in the same city-dong.

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for discretionary mitigation, etc.);

1. Probation and community service order Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall suspend the execution of a sentence on condition that probation shall be granted within the scope of a prison term of discretionary mitigation and community service for a certain period of time, in consideration of the number of times and contents of Defendant's records of drinking alcohol driving, drinking alcohol in this case, control circumstances, etc., and the family environment of Defendant, support relations, etc.;

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