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(영문) 춘천지방법원 2016.04.28 2016고단156

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 10, 2012, the Defendant was sentenced to a suspended sentence of four months for a crime of violating the Road Traffic Act at the Chuncheon District Court on July 10, 2012, and was sentenced to a suspended sentence of two million won for the same crime at the same court on November 20, 2009.

On February 23, 2016, the Defendant driven B, while under the influence of alcohol content of about 0.145% in a section of about 500 meters from the direction of the 78-1-lane in the south Namnam-gun annual salary of Hongcheon-gun, Hongcheon-gu, Hongcheon-gu, Hongcheon-do, to the front side of the 2-lane Namnam-ro of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating driving of drinking alcohol and report on internal investigation (such as mobilization status);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the choice of imprisonment [it shall be considered that the defendant drives a drinking again without any reflectiveness, in spite of the fact that the criminal records of a fine due to driving under drinking and the criminal records of a imprisonment with prison labor have been committed twice or once each time];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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