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(영문) 춘천지방법원 원주지원 2016.03.18 2016고단28

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act (drinking driving) at the source of water source method on June 12, 2009, and two million won for the same crime in the same court on July 10, 2009, respectively.

On December 2, 2015, at around 20:50, the Defendant driven Cro dricking with alcohol content of approximately 0.136% at the section of approximately 100 meters, while under the influence of alcohol, from the front road of the “Korea-U.S. K. K. K.S. 27-41” to the front road of the “Seoul-U.S. K. K. K. K. L.S. L. 1, 201,” located in 27-41, U.S., K.A. 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal records;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime and Articles 148-2 (1) 1 and 44: Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures, Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;