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(영문) 춘천지방법원 속초지원 2016.05.04 2015고단612

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 October 29, 2010, the Defendant issued a summary order of KRW 1,000,000 as a fine for a crime of violating the Road Traffic Act (driving) at the Chuncheon District Court, and on September 19, 2014, the Defendant issued a summary order of KRW 2,00,000 as a fine for the same crime at the same court.

On October 16, 2015, the Defendant, while under the influence of alcohol content of 0.128% in blood, driven approximately 1 km from the front of the "Urini" week located in the drinking village in the Seocho-si, Seocho-si, Seocho-si on the same day at around 22:5 on the same day, as the 22:55 day, in the front of the commercial building located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of drinking, report on the circumstances of the driver involved, response to requests for appraisal, and notification of the results of crackdown on driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) an investigation report (the previous confirmation of the previous history), and a summary order of two Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e., Supreme Court Decision 200

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;