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(영문) 춘천지방법원 2013.11.21 2013고단933
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal record] On February 8, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Chuncheon District Court on February 8, 201, and on August 30, 2010, the Defendant issued a summary order of KRW 1 million for the same crime at the same court on August 30, 201, and was punished for drinking driving three times.

[Criminal] Around September 21, 2013, the Defendant driven Cpoter ckib flicks with a blood alcohol content of about 2 km from around 2 km to the bus stops in the national highway No. 31 national highways of the same Eup/Myeon-ri to the roads in front of the bus stops of the same Eup/Myeon.

As a result, the defendant was a person who driven a drinking motor vehicle more than twice, and driving the motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. A report on detection of a host driver;

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

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attending Courses is three times the defendant had the same criminal record and expressed his intention of reflectivity while attempting to commit the instant crime. There is no record of criminal punishment heavier than the fine up to now, support for three children by negligence. Such circumstances include the character, character, environment, and health conditions of the defendant, as well as the various circumstances shown in the oral proceedings of the instant case, the sentence as the order shall be determined by taking into consideration.

It is so decided as per Disposition for the above reasons.

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