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(영문) 춘천지방법원 2013.06.13 2013고단331

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 of the final judgment.

Reasons

Punishment of the crime

On March 16, 2012, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (unlicensed Driving) from the Chuncheon District Court. On June 22, 2007, the same court received a summary order of KRW 3 million for the same crime. On August 23, 2005, the same court was sentenced to a summary order of KRW 3 million for the same crime. In addition, on the same court on August 23, 2005, the Defendant was sentenced to a suspended sentence of 6 months for the same crime and was punished for the same crime.

On April 5, 2013, at around 03:20, the Defendant driven B Poter in the state of alcohol alcohol concentration of approximately 0.083% from the 1km section to the front road of the central junk-si located in the same Dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The application of Acts and subordinate statutes of the blood alcohol appraisal statement;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty;

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 on probation and community service order lies in a favorable circumstance, such as the defendant's 10 or more criminal records for the same kind of crime, and the fact that the defendant reflects the crime of this case. Such circumstances include the defendant's character, character, environment, and health conditions, and other circumstances shown in the oral proceedings of this case shall be determined by the order.

It is so decided as per Disposition for the above reasons.