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(영문) 춘천지방법원 2015.12.17 2015고단1047
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 18, 2015, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Jung-gu District Court. On September 12, 2015, on September 12, 2015, the Defendant driving a B-to-faced vehicle with a blood alcohol concentration of KRW 0.080% while under the influence of alcohol level of KRW 0.080%. On October 6, 2015, the Defendant filed a summary order of KRW 2 million with the Jung-gu District Court on October 6, 2015.

On September 27, 2015, at around 21:59, the Defendant driven a B-purd vehicle with a blood alcohol concentration of approximately 0.157 percent from the street in front of the House of Hongcheon-gun, Hongcheon-gun, to the signal signaling in the transmission of the same area.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Field photographs, etc.;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances specified in the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. Before the instant case, the Defendant, with reasons for sentencing Article 62-2 of the Criminal Act regarding community service and order to attend a lecture, driven under drinking on September 9, 2015 and September 12, 2015, and driven under drinking on September 27, 2015.

As such, the Defendant was driving three times within a short period of time, and blood alcohol concentration is also high.

On August 5, 2002, the defendant was sentenced to a fine of 1.5 million won by the Seoul Northern District Court for a violation of the Road Traffic Act.

Considering such unfavorable circumstances, the punishment shall be imposed strictly, but the punishment shall be determined in consideration of some favorable circumstances, such as the fact that the defendant has no record of suspension of qualification or more severe punishment due to drinking driving, and that the defendant has led to the confession and reflect of the crime.

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