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(영문) 춘천지방법원 강릉지원 2016.12.21 2016고단1492
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 17, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act from the Gangnam Branch of the Chuncheon District Court on September 17, 2007, and a fine of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Ulsan District Court on September 1, 2009.

Although the Defendant had been punished for drinking driving two times, the Defendant driven a balcon vehicle under the influence of alcohol with approximately 0.128% of the blood alcohol concentration at approximately 1km from the 1km section of approximately 1km to the point where the 1k-side bank located in the mother elementary school located in Gangseo-gu, Gangwon-si, the Manin Co., Ltd., which was located in the mother elementary school located in the Mandong-gu, Gangnam-gu, Gangnam-gu, 2016 to the point where 114m of the Myeonnin-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. 112. List of reported cases;

1. A report on investigation (in addition to field photographs, etc.);

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Selection of imprisonment with prison labor shall be made in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act, the details and frequency of the records of traffic accidents, drinking alcohol in this case and traffic accidents, etc., and the execution of a sentence shall be postponed on condition that the sentence shall be determined within the scope of a punishment reduced by discretionary mitigation, in consideration of the defendant's family environment, driving circumstances, etc., and the execution of a sentence shall be conducted on condition that the compliance

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