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(영문) 춘천지방법원 영월지원 2016.08.16 2016고단158
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

[criminal history] On January 25, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a crime of violating road traffic laws at the Seoul Northern District Court, and on August 29, 2014, the Defendant was issued a summary order of 2 million won of a fine for the same crime at the residents support of the Daegu District Court.

[2] On April 25, 2016, the Defendant, while under the influence of alcohol at around 0.117% during blood, was driving a Bbera cruise motor vehicle in the section of approximately 1 km from the front of a mutually influent restaurant located in the lower part of the Jin Changwon-gun, Gangwon-do, to the front part of the lower part of the backhead of the nive fishing axis, with approximately 1km alcohol content around 21:45.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the 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. Taking into account the fact that the defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has had the history of serving two times punishment due to drinking, driving another drinking while drinking, the degree of alcohol concentration in blood is not low, and there is no previous conviction exceeding a fine, etc.

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