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(영문) 춘천지방법원 강릉지원 2014.09.24 2014고단755
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 May 26, 2011, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Gangnam Branch of the Chuncheon District Court on May 26, 201. On August 20, 2014, the Defendant was punished by a fine of KRW 1 million from the Gangwon Branch of the Chuncheon District Prosecutors' Office to the same crime and violated the Road Traffic Act at least twice.

On July 19, 2014, at around 20:18, the Defendant driven a Dame boom vehicle under the influence of alcohol content of approximately 0.305% from the 10km section from the Gung-si parking lot located in Gangnam-si, to the red controler next to the HongIC located in Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry report (A) and a report on the results of confirmation of the previous disposition, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. In full view of all the favorable sentencing factors such as the age, character and conduct, family relationship, circumstances leading to the instant crime, and the subsequent progress, including the fact that the defendant for the reason of sentencing and education under Article 62-2 of the Criminal Act has many records of punishment for the same kind of crime, etc., the sentence shall be determined as ordered by the court, taking into account the following factors:

It is so decided as per Disposition for the above reasons.

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