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(영문) 춘천지방법원 2015.09.03 2015고단607

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 31, 2008, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on December 9, 201, the Defendant received a summary order of KRW 2 million from the Chuncheon District Court to a fine of KRW 3 million for the same crime.

On June 9, 2015, at around 01:55, the Defendant driven a altima car in the direction of approximately 20 meters alcohol concentration at approximately 0.096%, from the front of the bridge located in Chuncheon-si, Chuncheon-si to the front of the Gan District in the same Dong, while under the influence of alcohol content at around 20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry reports and summary order-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the part of the defendant is that the defendant was sentenced to a fine three times due to drinking driving, but the defendant was also sentenced to a heavy punishment.

However, the defendant's blood alcohol concentration is relatively low, and the defendant has no previous conviction or more than a suspended sentence, etc. shall be determined by taking into consideration some favorable circumstances, such as the defendant's blood alcohol concentration into consideration.