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(영문) 춘천지방법원 강릉지원 2015.12.17 2015고단1282
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 12, 2007, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on April 25, 2008, a summary order of KRW 1,50,000 to a fine for a violation of the same Act at the Seoul East District Court on April 25, 2008, and a summary order of KRW 3 million to a fine for a violation of the same Act at the Chuncheon District Court on November 4, 201, respectively.

At around 21:50 on November 12, 2015, the Defendant driven a 2-km motor vehicle under the influence of alcohol concentration of 0.072% under the influence of alcohol alcohol level 0.072% from the 4517th national highways in the same city, as from the modern apartment near the East Sea-dong in the East Sea to the same city in the same city.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant legal provisions concerning the facts of crime and the choice of punishment, and the choice of imprisonment under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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