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(영문) 춘천지방법원 속초지원 2017.11.29 2017고단259
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2011, the Defendant was issued a summary order of KRW 700,00,000 as a fine for a violation of road traffic law (drink driving) at the first branch of the Chuncheon District Court on May 4, 201, and KRW 1.5 million as a fine in the same court on April 9, 2013.

On May 17, 2017, the Defendant driven B car leene II while under the influence of alcohol content of about 0.117% at a distance of about 1.2 km from the front day of the day-to-day restaurant 19-gil 19, Sin Sinsi, Gao-dong 635 to the front day of the Dong-dong University.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of the case and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into account the following factors: (a) the amount of alcohol content in blood at the time of the instant case for sentencing under Article 62-2 of the Criminal Act; (b) the Defendant scrapped the vehicle after the instant case; and (c) the Defendant’s age, sex, environment, circumstances of the crime, means and consequence; and (d) the circumstances after the commission of the crime.

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