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(영문) 춘천지방법원 강릉지원 2018.12.07 2018고단952
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 24, 2008, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 1,00,000 to a crime of violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 1,00,000 to a same crime at the same court on January 23, 2009.

[2] The Defendant, as seen above, has violated Article 44(1) of the Road Traffic Act twice or more, was driving Bone Starsch in the section of about 1 km from the road near the 20th Yung-si from the river near the 20th Yung-si, Gangnam-si, Gangwon-si, to the road near the 422nd Yung High School, while under the influence of alcohol at around 21:30 on August 30, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect A drinking record) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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