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(영문) 춘천지방법원 속초지원 2018.07.04 2017고단462
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 November 29, 2006, the Defendant was issued a summary order of 2.5 million won for a crime of violating road traffic laws in the early branch of the Chuncheon District Court on November 29, 2006, and on December 16, 2008, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for a violation of road traffic laws (driving driving) at the same court on December 16, 2008.

On November 4, 2017, around 22:17, the Defendant driven a B-hurged car in the state of alcohol alcohol concentration of approximately 0.190% at a distance of about 1km from the front day of the funeral for the CU convenience store located at the center of the same Si-ro from the view of the sight line that is located in the Seocho-si, Seocho-si, Seocho-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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. 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 sentencing conditions, such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, etc., shall be determined by taking into account the following factors: (a) the defendant's reasons for the imposition of punishment under Article 62-2 of the Social Service Order Act; (b) the amount of alcohol content at the time of the case at the time of the case; and (c) the defendant's age, sex, environment

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