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(영문) 춘천지방법원 강릉지원 2017.03.08 2016고단1677

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 August 30, 2006, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court on August 30, 2006, and was sentenced to a fine of five million won due to a violation of road traffic law (drinking driving) in the same support on January 28, 2009.

Although the Defendant was punished for driving alcohol twice as above, on October 1, 2016, the Defendant driven a BS-type car under the influence of alcohol at approximately 0.150% of alcohol content in the 3km section of the 3km of blood, starting from the front side of the Park Gyeong-dong in Gangnam-si, Gangnam-si, the same hour from the front side of the Park Gyeong-dong in the same city to the road front of the coffee cuber.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Photographs related to each accident;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 and Article 59 of the Act on the Observation, etc. of Protection, etc. of the same Act causes traffic accidents for which the drinking volume of this case was not charged without stating the same, but are against the law, suspension of qualifications or more criminal records, Defendant’s family environment, support relationship, etc., and the execution of the sentence is suspended on condition that the Defendant will take part in compliance driving lectures for a certain period of time.