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(영문) 춘천지방법원 2015.11.26 2015고단977

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 one year from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 14, 2006, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, a summary order of KRW 500,000 as a fine for the same crime in the same court on July 31, 2012, and a summary order of KRW 4 million as a fine for the same crime in the same court on August 27, 2014.

On August 27, 2015, at around 17:10, the Defendant driven C Ecoo motor vehicle while under the influence of alcohol concentration of 0.110% at the 30m sections of the road in front of the Chuncheon Oil Station in front of the Chuncheon Gas Station.

As a result, the defendant was punished not less than twice as a crime of violation of the Road Traffic Act (driving) and was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Previous records: Application of inquiry reports and investigation reports (suspects' previous records and confirmations) and statutes, including 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. 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 under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has been sentenced to four times a fine due to drunk driving. ① The defendant is driving a motor vehicle as indicated in D by proxy driving engineer D while he was getting on the chief of the operation, and the defendant is making the defendant drive the motor vehicle on the road with the wind that D gets a drinking driver at the same time due to a dispute between the defendant and D, and there is a reason to take into account the motive and circumstance. ② The distance of the defendant's driving is very short of 30 meters, and the defendant is driving the motor vehicle on the two-lane road, and the drinking control was no longer needed.