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(영문) 춘천지방법원 2016.02.04 2015고단1237
도로교통법위반(음주운전)
Text

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

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

3.

Reasons

Punishment of the crime

On November 6, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act at the Chuncheon District Court, and on February 11, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

On November 17, 2015, the Defendant driven a C Sspo-type car from about 1km to the river of the Gangwon-do, Hongcheon-gun, Hongcheon-gun, Hongcheon-do, under the influence of alcohol content 0.142% of alcohol during blood transfusion around 21:30%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances in light of the reasons for sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the grounds of the sentencing of the defendant, who has been sentenced to a fine twice due to drinking alcohol, and a suspended sentence of imprisonment once, is disadvantageous. It is more favorable that the defendant has been sentenced to criminal punishment, and that the defendant has been sentenced to criminal punishment for five and nine years after the criminal punishment, and that the confession of and reflect against the crime is more favorable.

The punishment shall be determined by combining them.

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