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(영문) 춘천지방법원 강릉지원 2017.07.11 2017고단547
도로교통법위반(음주운전)
Text

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

On March 5, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (drinking driving) from the Gangnam Branch of the Chuncheon District Court, and on November 11, 2010, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

On April 28, 2017, the Defendant driven a Bkn-kn-kn-kn-kn-kn-kak-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-k

As a result, the Defendant violated the prohibition clause on drinking more than twice, and drives a motor vehicle under the influence of drinking in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and application of Acts and subordinate statutes to investigation reports (such as drinking driving);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that an order to attend a lecture or an order to provide community service has been subject to three times punishment due to drinking driving, circumstances that are favorable to the fact that drinking value is high: The fact that a crime is recognized and reflected, the fact that there is no record of punishment exceeding a fine, and the fact that there is no record of punishment in addition to the motive and background of the crime, the means of the crime, the circumstances after the crime, etc.,

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