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(영문) 춘천지방법원 영월지원 2016.06.03 2016고단84
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 12, 2007, the defendant was issued a summary order of 1.5 million won of fine due to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, etc. On December 3, 2009, the defendant was issued a summary order of 1.5 million won of fine due to a violation of road traffic law (driving), and on September 30, 201, on September 30, 201, the defendant was issued a summary order of 3 million won of fine due to a violation of road traffic law (driving of alcohol) at the support of the Youngcheon District Court of Chuncheon on September 30, 201.

Criminal facts

On February 28, 2016, while under the influence of alcohol content of 0.072% among blood transfusions, the Defendant driven a Crocketing motor vehicle at approximately 40 K Kmp from the front of the Jinwon-gun, Jinwon, Jinwon-gun, Jinwon-si, Jinsan-si, Gangwon-do, the East Sea Highway from the front of the Jinwon-gun, to the front of the Jinnung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. 112 A list of reported cases;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order has a record of being punished three times for the same crime, but there is no criminal record exceeding the fine, and the defendant is expected not to drive alcohol;

The sentencing conditions shown in the records of this case, including the fact that the vehicle owned by the principal was sold, the fact that the numerical value of the driving of the drinking of this case was not high, and the motive, background, means, methods and results of the crime of this case, and the circumstances before and after the crime of this case, shall be determined as ordered by giving the defendant an opportunity for the sentencing as stated in the order.

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