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(영문) 춘천지방법원 강릉지원 2015.12.16 2015고단1241
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 22, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) from the Seocho District Court's Seocho Branch on July 22, 2008, and a summary order of KRW 2 million for the same crime in the same court on December 8, 2009.

【Criminal Facts】

The defendant is a person who has been punished twice as a violation of the Road Traffic Act, such as the above criminal records.

1. On October 24, 2015, the Defendant driven B SP car under the influence of alcohol of about 0.104% of alcohol content at a section of approximately 15 km from the U.S. industry located in Gangseo-si, Cheongne-si, Cheongne-si, Seoul to approximately 20 roads in front of 20 U.S., Jin-dong.

2. On October 25, 2015, around 13:20 on October 25, 2015, the Defendant driven a B SP car while under the influence of alcohol of about 0.230% from the north Zone of the Gangseo-gu Police Station located in the order of Gangnam-gu Police Station, Gangnam-gu, Seoul, the defendant's office located in Yangyang-gun, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the situation of drinking drivers, the report on the actions taken against drinking drivers, and the investigation report (on-site photographs, etc.);

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is led to the crime of this case without being aware of the fact that the defendant was committed in favor of the defendant, even though he was under the suspension of execution, and as a result, he was found to have driven again under the influence of alcohol on the following day, his age, character and behavior, intelligence and environment, motive for the crime, circumstances before and after the crime, etc.

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