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(영문) 춘천지방법원 원주지원 2016.07.21 2016고단523

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 23, 2016, at around 07:40, the Defendant driven a vehicle C with low alcohol content of 0.133% while under the influence of alcohol from approximately 3 km section to the front road of a restaurant for a short-term engineer located in the same short-term Dong, from the front of the Korean library located in the Gangwon-si, Gangwon-si, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The application of Acts and subordinate statutes to reports on the circumstances of driving under drinking, notification of the results of crackdown on driving under drinking, and the circumstantial statements of drivers;

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

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, once he/she was sentenced to a suspended sentence of two years for eight months after he/she was sentenced to a traffic accident while driving under drinking in 2014.

However, the defendant reflects the wrongness of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.