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(영문) 춘천지방법원 영월지원 2014.09.12 2014고단307
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and eight months for a crime of violation of the Road Traffic Act at the Young Branch of the Chuncheon District Court on August 28, 2007, respectively. On October 19, 201, the Defendant violated the prohibition of drunk driving by receiving a summary order of five million won or more due to a crime of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on October 19, 201.

On July 8, 2014, at around 22:20, the Defendant driven a DNA observer car in the state of alcohol alcohol concentration of approximately 0.142% from the 5km section to the national highways under the influence of alcohol concentration of approximately 0.142%, from around 22:20 to around 30, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of crimes);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the Defendant had been punished several times due to the violation of the Road Traffic Act, and that there was a record of punishment including the Defendant’s age, happiness, family environment, and circumstances after committing criminal acts, etc., and all of the sentencing conditions under Article 51 of the Criminal Act, which can be known through the oral argument, are determined as ordered.

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