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(영문) 춘천지방법원 속초지원 2016.02.17 2015고단588
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

[criminal history] On November 30, 2007, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking Driving) with the Seocho District Court’s supra, and on August 24, 2011, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking Driving).

[2] Notwithstanding the above two occasions, Defendant 1 driven a B rocketing car under the influence of alcohol with approximately 0.098% alcohol level from the 4km section to the front road of the Jindong-gu Jindong-gun, Jindong-gun, Jindong-gun, Gangwon-do, which was around 13:50 on November 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. The choice of punishment for a crime under the relevant provision of the Road Traffic Act, Article 148-2 (1) 1 and Article 44 (1) of the same Act, and the choice of punishment for a crime (it shall be considered that there are two-time criminal convictions of the same type);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (including the fact that there is no previous conviction in excess of a fine, confession, and reflection, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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