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(영문) 춘천지방법원 강릉지원 2014.09.24 2014고단711

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 May 27, 2007, the Defendant was issued a summary order of KRW 1 million at the Gangnam Branch Branch of the Chuncheon District Court for a violation of the Road Traffic Act, a summary order of KRW 1 million as a fine for a violation of the same Act in the same court on May 27, 2010, and a summary order of KRW 3 million in the same court on July 27, 2010, respectively due to a violation of the same Act.

【Criminal Facts】

around 22:40 on August 5, 2014, the Defendant driven Cone Star Motor Vehicle with approximately 10 kilometers from the front of the new flag office located in the new flag in the new flag in the new flag department in the new flag department in the new flag department in the city of Do to the national highway No. 38 in the same city of Do, while under the influence of alcohol by 0.121% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Statement of the results of the drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (formers and confirmations) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing reasons of Article 62-2 of the Criminal Act include the fact that there are many persons who have been punished for the same kind of crime and the accused do not repeat the offense. The crime of this case seems to have been inevitably driven by the accompanying in the situation where the accompanying is unable to drive, and the person performing the duties of the chairman of the Trade Union seems to make efforts to not repeat the offense even if probation or the order to attend the course is not imposed, and the defendant's age, character and conduct, family relationship, the background of the crime of this case, and the past progress, etc. shall be determined as ordered by the order.

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