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(영문) 춘천지방법원 강릉지원 2019.02.20 2018고단1160
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 January 11, 201, the Defendant was issued a summary order of KRW 1,00,000,000 as a crime of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 3,50,000,000 as a fine from the Seosan Branch of the Daejeon District Court on November 22, 201 to the same crime.

【Criminal Facts】

around 05:50 on October 18, 2018, the Defendant driven a D low-speed car from the front of the “Ccafeteria” road located in the East Sea B to the front of the “high-speed bus terminal” road located in the same city in the same city. From approximately 3 km section to the road, the Defendant driven a D low-speed car with blood alcohol concentration of 0.130%.

Accordingly, although the defendant was punished for a drunk driving more than twice, the defendant was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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