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(영문) 춘천지방법원 2013.11.19 2013고단873

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On March 5, 2008, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act at the Chuncheon District Court, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Chuncheon District Court on October 24, 2008.

【Criminal Facts of Crimes】 On September 12, 2013, at around 00:05, the Defendant driven a vehicle with low alcohol level of 0.185% under the influence of alcohol at a section of about 500 meters from the front of the funeral hall of the Gangwon-si Hospital, Gangwon-do, Gangwon-do, to the front road of the same Gyeongcheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 (Reference to the following reasons for sentencing) of the suspended sentence;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant reflects the crime in depth, that the defendant has no record of punishment heavier than a suspended sentence, that the defendant does not cause traffic accidents, and that the defendant's character, conduct, environment, and health conditions as well as other circumstances shown in the oral proceedings of this case shall be determined as ordered by taking into account

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