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(영문) 춘천지방법원 2016.02.04 2015고단1276

도로교통법위반(음주운전)

Text

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

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

3.

Reasons

Punishment of the crime

On June 1, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Chuncheon District Court, and was notified of a summary order of three million won for a crime of violating the Road Traffic Act at the Chuncheon District Court on May 31, 2013.

On December 5, 2015, the Defendant: (a) within the territory of the same Eup/Myeon from the front day of a farm located in the Sincheon-si, Cheongcheon-si, Sincheon-si; (b) the head of the Eup/Myeon;

From approximately 700 meters to the intersection in the earth, a driver was driven with a gallon as a gallon while under the influence of alcohol concentration of 0.178% in blood during the 700-meter section.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 of the Criminal Act for Reduction of Small Quantity (The following extenuating circumstances in favor of the reasons for sentencing);

1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's blood alcohol concentration is high, that the defendant has been sentenced twice due to drinking driving, and that the defendant has been sentenced to a fine on two occasions due to drinking, and that the defendant confessions and reflects the crime, and that the defendant has no criminal record of qualification suspension or higher due to drinking driving is more favorable.

The punishment shall be determined by combining them.