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(영문) 춘천지방법원 원주지원 2018.10.10 2018고단738
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 16, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law at the Suwon Franchi, and on July 14, 2014, the Seoul Western District Court issued a summary order of KRW 3 million for the same crime.

[Criminal facts] On June 13, 2018, the Defendant driven a C 3 truck at a section of about 10km from 0.13 meters to 10k to lives located in the Taedong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, while under the influence of alcohol content of 0.13% during blood transfusion around 09:20.

Accordingly, although the defendant had been punished not less than twice due to drinking, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a response to a request for appraisal and the results of regulating drinking driving (blood collection results);

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act may apply to the defendant for the same criminal records, and the crime of this case is committed with heavy criminal records in light of the method and result, etc.), however, there are no criminal records of the defendant above the suspension of execution

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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