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(영문) 춘천지방법원 2014.11.20 2014고단942

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on August 14, 2008, the same court received a summary order of KRW 1 million as a fine for the same crime.

On September 10, 2014, at around 23:25, the Defendant driven a B-purd motor vehicle with approximately 300 meters alcohol concentration at around 0.098% under the influence of alcohol at around 0.098% from the front of the contact road to the roads in the same Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, etc. and investigation reports (examination as to whether the defendant corresponds to the system of drinking-driving under the influence of alcohol) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 that the defendant had three identical criminal records, and there is no record of criminal punishment heavier than the fine, in favor of the defendant. Such circumstances include the character, character and environment of the defendant, and various circumstances revealed in the oral proceedings of this case, the sentence as ordered shall be determined by taking into consideration.

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