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(영문) 춘천지방법원 강릉지원 2016.09.22 2016고단884
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2007, the Defendant issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on April 2, 2007, a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act on April 11, 2008, and a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act on September 13, 2012 by the same court on September 13, 2012, and was sentenced to a summary order of KRW 5,00,00 as a fine for a violation of the Road Traffic Act on April 9, 2014.

Despite the fact that the Defendant had been punished twice or more for violating the Road Traffic Act (drinking) on July 10, 2016, the Defendant driven a C-eth alcohol vehicle with approximately 1 km and about 0.205 percent alcohol level from the 1km section to the 2129 Kaol road in front of the parking lot in Gangnam-dong, Gangnam-dong, Gangnam-dong, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Selection of imprisonment with prison labor under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, which pertains to the relevant criminal facts and selective punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The surveillance and observation of protection and the community service order under Article 62-2(1) of the Criminal Act have a large number of criminal records of the same kind of crime on the grounds of sentencing, but the degree of alcohol concentration among the bloods without any criminal records is high, but not causing any accident;

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