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(영문) 춘천지방법원 강릉지원 2019.07.26 2019고단588
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On October 30, 2013, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Youngcheon District Court’s Young Branch on October 30, 2013, and a summary order of KRW 2,00,000 as a fine for the same crime from the Gangnam Branch Branch of the Chuncheon District Court on January 23, 2015, respectively.

【Criminal Facts】

Although the Defendant had been subject to punishment twice or more for a violation of the Road Traffic Act as above, the Defendant driven a car B with a blood alcohol concentration of about 0.083% in the section of about 1km from May 2, 2019 to the front of the entrance of the sloping Sea, which is located in the city of Gangseo-si on May 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements [Attachment to investigation reports (Attachment to a summary order of the same kind of power] - Three copies of the summary order];

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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