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(영문) 춘천지방법원 2014.10.02 2014고단754

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On March 16, 201, the Defendant is a person who has been notified of a summary order of a fine of KRW 4 million at the Chuncheon District Court on March 16, 201, and (2) on July 17, 2009 by the same court on July 17, 2009, as well as two times the same kind of power, in addition to those who have been notified of a summary order of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On July 14, 2014, at around 16:06, the Defendant driven a 20-meter radius from the front of the Redcheon Cadastral Construction Work, Hongcheon-gun, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, Hongcheon-do, to the front of the road in front of the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Hongcheon-ro, the Defendant driven a B wingp loan while under the influence of alcohol content of 0.29%.

As a result, the Defendant violated not less than two times even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry reports and investigation reports (a copy of summary order of the same attached power unit);

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. 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, such as probation, community service order and order to attend a lecture, is that the defendant was a criminal record of the same kind four times, and there are favorable circumstances such as expressing the defendant's intent of reflectivity while attempting to commit the crime in this case. Such circumstances include the character, character and environment of the defendant, and other circumstances revealed in the proceedings of the pleading in this case, the punishment as ordered shall