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(영문) 춘천지방법원 2015.08.20 2015고단577
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 October 15, 2007, the Defendant was notified of a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act by the Chuncheon District Court. On October 20, 2009, the Defendant was notified of a summary order of KRW 2,00,000 as a fine for the same crime by the same court.

On May 18, 2015, at around 00:24, the Defendant: (a) while under the influence of alcohol with a blood alcohol content of 0.067% 0.067%, and (b) driven a B low-est car at approximately 300 meters from park to the front of the Chuncheon post office.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order is that since the defendant was sentenced to a fine four times or more due to drinking driving, it is necessary to strictly punish him.

However, there are favorable circumstances such as the fact that the blood alcohol concentration of the defendant is low, that the defendant has no criminal record of the suspension of execution or more, and that the defendant reflects the depth of the crime.

In full view of these, the sentence shall be determined as ordered.

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