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(영문) 춘천지방법원 강릉지원 2018.11.15 2018고단951
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

[criminal history] The Defendant was issued a summary order of a fine of KRW 500,000,000 by the same court as a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on October 6, 2008, and a fine of KRW 2 million by the same court on February 21, 2018.

[2] On September 3, 2018, the Defendant driven CMW530 vehicles under the influence of alcohol with approximately 700 meters alcohol concentration of about 0.122% at the section of 70 meters from the front of the Switzerland apartment site, which is in the 39 Yung Sirororororororo, to the front of the Gangseo-si bus terminal, and is in the influence of alcohol level of about 0.122%.

Accordingly, the defendant was punished for driving under drinking more than twice, but he was driving under drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of investigation reports (related to suspect A's drinking driving force);

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

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 of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

The circumstances that are disadvantageous: The circumstances that repeatedly committed the same kind of crime: The confession and the fact that his mistake is divided, and there is no record of punishment exceeding the fine.

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