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(영문) 춘천지방법원 원주지원 2016.11.21 2016고단994
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on July 23, 2010, respectively, from the original branch of the Chuncheon District Court on July 3, 2007.

On October 10, 2016, at around 21:30, the Defendant driven a BNEW EF small vehicle at a section of about 5km from the front of the Heam Village located in the Giju City to the front of the Dondong Station located in the Giju City, if the Defendant was under the influence of alcohol of 0.147% of blood alcohol level.

Accordingly, even though the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he has driven a vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A previous conviction in judgment: An inquiry report and an investigation report (Attachment to a summary order related to the same kind of power of a suspect) shall be applied by statutes;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning criminal facts: Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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