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(영문) 춘천지방법원 강릉지원 2017.09.21 2017고단836
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 December 26, 2007, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of road traffic law in the Gangnam Branch Branch of the Chuncheon District Court, and was sentenced to a fine of KRW 5 million for a violation of road traffic law in the same support on November 10, 2008.

Although the Defendant was punished for drinking driving two times as above, on July 10, 2017, the Defendant driven a B-learning car under the influence of alcohol with approximately 0.156% alcohol concentration from the 2km section of approximately 2km to the 1595 square meters back to the coast of the order-gu Seoul Special Metropolitan City from the roads near the Gangseo-gu Special Metropolitan City Dropic Yeng-si, Seogjin-gu, D-do.

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 a reply to inquiry, such as criminal history, investigation report (verification of criminal suspect's driving records), investigation report (prior convictions and reports), and statutes;

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 driving of drinking alcohol at least three times, the fact that he/she has been punished twice due to driving without a license, the circumstances favorable to the high drinking level: The fact that he/she is divided into his/her crime, and that he/she has no record of being punished in excess of the fine;

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