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(영문) 춘천지방법원 속초지원 2018.10.10 2017고단474
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 March 31, 2009, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon on March 31, 2009. On August 27, 2009, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court.

On September 21, 2017, the Defendant driven D car 2.0 automobiles while under the influence of alcohol content of about 0.214% at a distance of about 8.6km from the front side of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 57-1 to the front day of the KKa Center located in Gangwonwon Yangyangyang-gun-gun-dong-dong-

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes, such as a written inquiry about criminal history and text of judgment;

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 grounds for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture are against the defendant, the fact that the defendant has no record of punishment for the last nine years, the alcohol concentration in blood at the time of the case is substantial and the driving distance is not short, and the defendant's age, sex, sex, environment, background, means and consequence of the crime, etc. shall be determined as per the order in consideration of all the circumstances of sentencing, including the circumstances after the crime.

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