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(영문) 춘천지방법원 2014.08.14 2014고단492

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 11:20 on April 30, 2014, the Defendant driven C Poter cargo at approximately 800 meters away from the section of approximately 800 meters of alcohol alcohol concentration to the front road of the two Poter welfare center located in Switzerland-si. < Amended by Presidential Decree No. 2501, Apr. 30, 2014>

On July 17, 2009, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on July 17, 2009, and on October 17, 2013, the Defendant received a summary order of KRW 2 million for the same crime from the Sungwon District Court Branch Branch of Sungwon District Court on October 17, 2013.

On April 18, 2014, at around 21:30, the Defendant driven C Poter in the state of alcohol alcohol concentration of approximately 0.118% from a 400-meter section of the city library located in the Gangnam-dong of Chuncheon to the roads in front of the city library located in the Gangnam-dong of Chuncheon, the Defendant driven C Poter in the state of alcohol level of about 400 meters.

Summary of Evidence

"2014 Highest 492"

1. Defendant's legal statement;

1. "Report on the state of driving under the influence of alcohol and the control of drinking driving" made pursuant to the results of the supervision of drinking driving;

1. Defendant's legal statement;

1. Report on the state of the operation of a driving school, and the statement on the state of the driver's status;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the option of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is, in addition to the previous conviction in the judgment, a fine for a violation of the Road Traffic Act in 2010, and a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2000 and a violation of the Road Traffic Act.