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(영문) 춘천지방법원 2016.02.04 2015고단1280
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 September 27, 2005, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Chuncheon District Court. On September 6, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (driving). On April 13, 201, the Defendant was notified of a summary order of a fine of four million won for a crime of violating the Road Traffic Act (driving) at the same court.

On November 14, 2015, the Defendant, while under the influence of alcohol level of 0.157% during blood transfusions, driven Cone Star vehicle from the roads in front of the Gangseo-gun Hongcheon-gun B, the same Eup to the roads in front of the 13-dong B, Hongcheon-gun, the 13-dong B, with approximately 200 meters of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of written inquiries, such as assistance in 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is the defendant's previous convictions on two occasions due to drinking alcohol driving, the criminal records of suspended sentence of imprisonment for one time, the defendant's blood alcohol concentration is disadvantageous to the defendant. The defendant confessions and reflects the crime, and the last four years and seven months after being punished due to drinking driving is favorable.

The punishment shall be determined by combining them.

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