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(영문) 춘천지방법원 속초지원 2015.06.24 2015고단116
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On June 3, 2008, the defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the early branch of the Chuncheon District Court on June 3, 2008, and was sentenced to a summary order of 1.5 million won for the same crime in the same court on October 31, 2007, and was punished four times for drinking driving.

【Criminal Facts】

The Defendant, as above, driven a C Poter vehicle with approximately 200 meters of alcohol level 0.176% under the influence of alcohol level at around 02:20 on February 22, 2015, from the factory site located in the 48 Sinsi Sin from February 22, 2015 to the 1-ro 24, 02:25 on the same day, while driving a C Poter vehicle under the influence of alcohol level of about 0.176%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the start of the driving of a motor vehicle and a report on the start of the driving of a motor vehicle;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (verification reports of the same kind of suspect), copies of the judgment, and copies of the summary order Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor (it shall be taken into account when two or more criminal records are involved);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no record of criminal punishment after 2008, confession, and reflective fact);

1. Article 62 (1) of the Criminal Act (Discretionary of Reasons for Discretionary Mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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