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(영문) 춘천지방법원 강릉지원 2018.05.23 2018고단166
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 3, 2011, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court on August 3, 201 to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, and on November 29, 201, the same court received a summary order of KRW 2 million as a crime of violating the Road Traffic Act.

On February 3, 2018, the Defendant driven at around 22:05, Jung-si, Jung-si, B, while under the influence of alcohol leveling 0.263% from the 3km section of approximately 3km from the front of alcoholic beverages to the roads in front of German digital hearing aids.

Accordingly, even though the defendant had been punished as a crime of violating the Road Traffic Act(drinking) more than twice, he has driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order) - Application of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

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

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