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(영문) 춘천지방법원 강릉지원 2017.01.25 2016고단1566
도로교통법위반(음주운전)등
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 November 26, 2014, the Defendant was notified of a fine of KRW 3 million as a crime of violating road traffic law (drinking driving) at the Gangnam Branch Branch of the Chuncheon District Court, and a summary order of KRW 4 million as a fine in the same court on December 5, 2014, respectively.

On October 15, 2016, Defendant 1, who violated the provision on prohibition of driving at home two or more times, driven Ch-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. A report on investigation (Attachment, such as site photographs);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Violation of the Traffic Act (driving of alcohol): Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts: Article 152 (1) 1 and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act (the punishment provided for a crime of violating the Road Traffic Act as stated in the holding two crimes, the punishment between such crimes, and the punishment heavier, and the choice of imprisonment);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend (the scope of applicable sentences) is to be protected and observed within the mitigated term of punishment, taking into account the following factors: (a) six months to one year and six months of imprisonment; (b) one year and six months of suspension of qualification or more; (c) the content and frequency of the same military force; (d) the drinking volume of the Defendant’s family environment and health conditions.

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