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(영문) 춘천지방법원 강릉지원 2016.04.21 2016고단17
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 4, 2008, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for a violation of road traffic law at the Gangseo branch court of the Chuncheon District Court, and on December 23, 2010, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law in the same court on December 23, 201.

On December 30, 2015, the Defendant, while under the influence of alcohol content of 0.216% among the blood transfusion around 21:20 on December 30, 2015, driven C Dok-type truck from approximately 4 km in the section of about 4 km from the front of the breadth of the Jung-gu Seo-gu Seoul Metropolitan City Gak-gun to the side of the Jin-gu 27-1, Jin-do Dok-ro, located in the same city-ro 27-1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (including the cases where a person commits a crime, such as the disposal of a motor vehicle, etc., and has no criminal record);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Reasons for mitigation of small amount);

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