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(영문) 춘천지방법원 원주지원 2016.09.20 2016고단706
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 October 6, 2008, the Defendant has been sentenced to a fine of 1.5 million won for a crime of violating road traffic law (drinking driving) in the original Chuncheon District Court's main support on October 6, 2008, and a fine of 1.5 million won for a crime of violating road traffic law (drinking driving) in the same court on July 2, 2010, respectively.

On July 15, 2016, the Defendant driven CMW 320D car volume in the state of alcohol alcohol level from approximately 2 km section to 0.077% in blood alcohol level from the 4rd apartment parking lot of Cheongdong-gu, Nowon-gu, Seoul to the 3.20D car volume under the influence of alcohol level from the 2km section from the 3rd apartment parking lot of Cheongdong-gu to the 3rd park in the same Siless Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each summary order, text of judgment, previous convictions in disposition, and reporting 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, driven a drinking alcohol again, even though he had the record of punishment three times.

However, the alcohol concentration was relatively high at the time of driving alcohol (in consideration of the alcohol concentration, driving time, etc. during blood, the Defendant is likely to drive the blood while drinking alcohol at the night immediately before the previous night, and the Defendant was sleeped under the condition that the alcohol was less drinking). Such circumstances and the Defendant’s age, occupation, sex, criminal conduct, and the circumstances after the commission of the crime shall be determined as ordered by taking into account.

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