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(영문) 춘천지방법원 원주지원 2014.03.11 2014고단64

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 11, 2007, the defendant received a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court, and a summary order of 2.5 million won or more as a fine for a violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on November 14, 2008.

On January 7, 2014, at around 22:01, the Defendant driven a vehicle of approximately 10 meters with a blood alcohol content of about 0.073% while under the influence of alcohol level 0.073% on the front of the school-dong centralized road in the original city.

Accordingly, even though the Defendant was punished twice or more by driving a motor vehicle, etc. while under the influence of alcohol, the Defendant once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., reflectivity, no particular criminal record for the preceding five years);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;