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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고단740
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 December 2, 2011, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking driving) from the Changwon District Court on December 2, 201, and a summary order of KRW 4 million as a fine for a violation of road traffic law (drinking driving) at the Changwon District Court on March 11, 2013.

As above, the Defendant violated the provision on prohibition of driving under the influence of alcohol at least twice, and driven a motor vehicle fluent in the influence of alcohol at approximately 0.095% of alcohol level in the 1km section from the front of the Defendant’s house located in Gangnam-si B to the front of the 1km-si, Gangnam-si, Yung-si, Seoul, to the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The situations favorable to the fact that a person has been punished twice by driving under drinking and three times by driving without a license: The fact that his/her crime is divided;

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