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(영문) 춘천지방법원 원주지원 2016.06.13 2016고단406

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 May 8, 2008, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law (drinking driving) in the original branch of the Chuncheon District Court on May 8, 2008, and a fine of KRW 1.5 million for the same crime in the same court on January 28, 2011.

On March 19, 2016, around 19:44, the Defendant driven C’s “brokiki” vehicle in the state of alcohol with approximately 0.152% alcohol concentration from the 20-meter section from the 26th road to the 23rd road in the Si-U.S. Park Si-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry of criminal history records;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime and Articles 148-2 (1) 1 and 44: Selection of imprisonment;

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. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;