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(영문) 춘천지방법원 영월지원 2014.12.19 2014고단455

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 October 20, 2006, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court on October 20, 2006, and on March 20, 2008, the Defendant violated the provisions concerning the prohibition of driving under the influence of alcohol two times or more by receiving a summary order of KRW 4 million due to the same crime from the above court.

On September 18, 2014, at around 20:50, the Defendant driven a DNA car with a blood alcohol concentration of about 0.252% in the section of about 3km from the 3km to the road front of the Gangseo-gun, Gangwon-do, Gangwon-do, Hawon-gun, from the street in front of the House C located in Gangwon-do, to the discharge from active service located in the same Myeonbri-ri, Myeonwon-gun, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment) and Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had been already punished several times due to the violation of the Road Traffic Act, and the records and arguments such as the age, happiness, family environment after committing the crime of violating the Road Traffic Act, are considered in light of all the sentencing conditions stipulated in Article 51 of the Criminal Act.