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(영문) 춘천지방법원 속초지원 2018.06.27 2017고단442
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a wing-III truck.

As of October 31, 201, the Defendant was subject to a disposition of a fine of KRW 3 million due to a violation of road traffic laws (drinking driving) in the early support of the ground area in Chuncheon as of October 31, 201, and the Defendant was subject to a disposition of KRW 4 million due to a violation of road traffic laws (drinking driving) in the early support area in Chuncheon as of November 7, 201.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.09% among the blood transfusion around July 21, 2017, driven a wing and freight vehicle owned by the said company at the section of approximately 25 km from the front of his house located in Gangwon-si, Gangwon-si, Gangwon-do, Susung-gun, to the front of the road in front of his house located in Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. 수강명령 형법 제 62조의 2 양형의 이유 피고인이 범행을 인정하고 있는 점, 전날 마신 술이 모두 깼다고

The punishment shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the defendant's age, sex, environment, background, means and result of the crime, and the circumstances after the crime.

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