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(영문) 춘천지방법원 원주지원 2017.10.26 2017고단880
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) in the Chuncheon District Court's original branch on June 27, 2014, and on May 27, 2016, issued a summary order of KRW 1,50,000 as a fine for the same crime.

피고인은 2017. 8. 8. 22:00 경 혈 중 알콜 농도 0.069% 의 술에 취한 상태로 원주시 단계동에 있는 옻닭 삼계탕 앞에서부터 원주시 북 원로 2680번 길 5에 있는 원주 농협 태장 지점 앞까지 약 4km 구간에서 B 프라이드 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and response to requests for appraisal; and

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

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. There is a history of criminal punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act. In the case of the crime of this case, the degree of criminal punishment is not limited, and the crime of this case was not caused by the crime of this case, and there is no record of criminal punishment other than twice the above fine, and other various circumstances, including the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the sentence as ordered, shall be determined by taking into account all the circumstances, such as the following circumstances.

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