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(영문) 춘천지방법원 원주지원 2016.09.06 2016고단604
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 November 12, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, from the original branch of the Chuncheon District Court on November 12, 2008, and issued a summary order of KRW 3 million as a fine for the same crime from the same support on January 29, 2010, respectively.

On June 22, 2016, at around 07:54, the Defendant driven C Laren car in the state of alcohol with a blood alcohol concentration of about 0.081% from the 1km section from the Do in front of the Gangwon-si to the Do in the beginning of the Do in the same city of interesting business.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and report on the state of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, has been under drinking again, even though he had been subject to punishment twice.

Such circumstances and the defendant's age, occupation, character and conduct, the details of the crime and circumstances after the crime are committed shall be determined as per Disposition.

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