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(영문) 춘천지방법원 속초지원 2016.04.06 2015고단578

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Highest 578] The Defendant, while under the influence of alcohol content 0.077% in blood, driven a vehicle with approximately 10 km of about 10 km as C rocketing other car at the front of the Defendant’s house located in Haak-si B on November 6, 2015, at the front of the Gangwon-si, Gowon-si.

[2016 Highest 51] On August 25, 2015, the Defendant driven a CNEW EF rocketing car under the influence of alcohol content of about 0.119% from a distance of about 30 meters from 48-lane 3930 to 57-lane 3930, as it was from the beginning of Sinsi-si around 01:40 on August 25, 2015 to the beginning of Sinsi-si.

Summary of Evidence

[2015 Highest 578]

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 [2016 order 51];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the handling of reports on detection of drivers of drinking alcohol, photographs on the scene of drinking, and reports on 112;

1. Article 148-2 subparag. 3 of the Road Traffic Act and Article 44(1) (i) of the same Act concerning criminal facts; (ii) Articles 148-2 subparag. 2 and 44(1) of the same Act; and (iii) Articles 148-2 subparag. 2 and 148-2 subparag. 2 of the Road Traffic Act (i.e., self-driving on August 25, 2015);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. On August 25, 2015, the reason for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order is against the Defendant’s mistake, and the Defendant was driving on behalf of another person other than the Defendant on behalf of the Defendant at the initial stage of the investigation into the crime of the Defendant on August 25, 2015.

The punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the fact that the attitude after the crime was considerably poor, that there was a history of punishment of fine three times for the same crime, and the age, sex, environment, motive and circumstance of the crime, means and consequence, etc. of the defendant.