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(영문) 춘천지방법원 2013.11.28 2013고단947
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 of the final judgment.

Reasons

Punishment of the crime

On February 27, 2007, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Chuncheon District Court, and on July 12, 2010, the same court received a summary order of KRW 2 million for the same crime.

On September 12, 2013, at around 12:22, the Defendant driven a Cununst truck with a blood alcohol content of about 0.255% from the front of the construction site of Hancheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gu, Hongcheon-do, to the front road of the Samcheon-gu, Hongcheon-gu, Hongcheon-do, Hongcheon-gun, the Defendant driven a Cunst truck with a blood alcohol content of about 27km.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports (reports on confirmation of the same kind of force), including criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant has two times the same criminal records and has high blood alcohol content, and expressed his intent of reflectivity while attempting to commit the instant crime. There is no record of criminal punishment heavier than a fine within the last ten years. Since the instant vehicle was disposed of after the instant case, there are favorable circumstances such as the defendant's character and behavior, environment, and other circumstances revealed in the oral proceedings of the instant case, and the punishment is determined as ordered by the order, taking into account the following circumstances.

It is so decided as per Disposition for the above reasons.

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