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(영문) 춘천지방법원 2014.05.01 2014고단180

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 one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant has been notified of a summary order of a fine of one million won on August 29, 2006 and a summary order of a fine of two million won on October 12, 2007 at the Chuncheon District Court for a violation of the Road Traffic Act.

On February 25, 2014, at around 20:18, the Defendant driven Bone Star Corer under the influence of alcohol concentration of 0.114%, from the front of the restaurant in which it is impossible to identify the trade name in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, to the front of the corrective road located in 12, the Defendant driven a vehicle of approximately 50 meters, while under the influence of alcohol concentration of 0.114%.

As a result, the defendant, who was a drunk driver twice or more, was driving the above van while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous conviction: Application of the Acts and subordinate statutes of inquiry letter and a copy of summary order;

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 on probation and community service order lies in a favorable circumstance, such as the defendant's previous convictions twice the same criminal records, and expressed his/her intention of reflectivity while committing the instant crime, and there is no record of criminal punishment heavier than the fine up to now. Such circumstances include the defendant's character and behavior, the environment, and the various circumstances revealed during the pleading process of the instant case, such as the order.

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