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(영문) 춘천지방법원 강릉지원 2017.08.29 2017고단666
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On January 11, 201, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Gangnam branch of the Chuncheon District Court, and on January 18, 2013, the Defendant received a summary order of KRW 2,00,000 as a fine for the same crime in the same court.

On May 26, 2017, the Defendant driven a Brentop car under the influence of alcohol of approximately 0.059% in blood alcohol level from the 500m section to the road near the Manmannk Coast, which is located in 3-1 (Dong Dong Dong Dong) Don-ro 206 Don-ro 3-1 (Dong Dong Dong Dong) at the same time.

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 same clause again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes concerning investigation reports;

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. The reason for sentencing under Article 62-2 of the Criminal Act is very poor in that the defendant was punished twice or a crime of drinking driving, etc., but again became driving under the influence of drinking of this case without being punished.

However, in addition to the fact that one's mistake is divided and that there is no record of punishment exceeding a fine, the punishment as ordered shall be determined by taking into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime.

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