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(영문) 춘천지방법원 원주지원 2017.12.07 2017고단881
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 December 20, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act at the Daejeon District Court on December 20, 201, and a summary order of KRW 4 million as a fine in the same court on February 17, 2014.

On July 12, 2017, the Defendant driven a BP car under the influence of alcohol level of 0.136% in a section of about 1km from the livestock cooperative in front of the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant at the nuclear power plant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the occurrence of a case, a circumstantial statement, and a report on the result of control;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. In full view of the following circumstances: (a) there is a history of criminal punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act; (b) the degree of criminal punishment is considerably significant; (c) traffic accidents have occurred due to the instant crime; and (d) there is no record of criminal punishment other than twice the said fine; and (e) other circumstances, including the Defendant’s age, sexual conduct, intelligence and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the record, including

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