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(영문) 춘천지방법원 원주지원 2017.01.05 2016고단1005

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

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 January 9, 2014, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the original Chuncheon District Court’s original branch on January 9, 2014, and issued a summary order of KRW 1.5 million for the same crime from August 30, 2016 to the same support.

On August 4, 2016, the Defendant driven a BCAPURE 125-wheeled diaba while under the influence of alcohol content of about 500 meters from the Do before the beginning of the original city to the intersection before the beginning of the original city of the same city, from around 23:30 on August 4, 2016, the Defendant driven a leba with approximately 0.128% alcohol content among blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Detailed reports on the circumstances of the driver of a vehicle driving, notification of the results of crackdown on drinking driving, and management of reports on driving;

1. Records of judgment: Application of an inquiry letter, such as criminal history, inquiry letter, previous convictions and results confirmation Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the crime and Article 148-2 (1) 1 of the same Act concerning the selective punishment;

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. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, once again driven alcohol, even though he had a record of driving alcohol twice.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.