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(영문) 춘천지방법원 2018.07.10 2018고단415

도로교통법위반(음주운전)

Text

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 April 6, 2010, the Defendant was sentenced to a fine of KRW 5 million in the Seoul Central District Court due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4 million in the same court on March 12, 2013.

On April 10, 2018, the Defendant driven B-low-income cars from around three kilometers in approximately 0,000 in front of the Hongcheon-gun red funeral ceremony, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do, under the influence of alcohol by 0.091% during blood, around 08:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment with prison labor (to select imprisonment with prison labor in consideration of equity in sentencing with respect to a person who commits a drunk driver who has been subject to aggravated punishment on at least two occasions when driving under drinking becomes subject to aggravated punishment).

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the confession and reflect of the defendant, the fact that the defendant does not drive under influence of alcohol, the age, sex, sex, health conditions, environment, circumstances after the crime, etc.);

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