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(영문) 춘천지방법원 원주지원 2016.05.10 2016고단197
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2006, the Defendant is a person who has been in violation of the provisions on prohibition of drinking, such as receiving a fine of one million won or more due to a violation of the Road Traffic Act (drinking driving), a fine of two million won or more due to a violation of the Road Traffic Act at the Incheon District Court on February 19, 2008, and a fine of two million won or more due to a violation of the Road Traffic Act (drinking driving) at the Chuncheon District Court on November 3, 2010, and on December 9, 201, a fine of six million won or more due to a violation of the Road Traffic Act (drinking driving) from the Suwon District Court on the site of the Suwon District Court on December 19, 201.

On February 14, 2016, at around 03:20, the Defendant: (a) driven a vehicle with approximately 1 km section from the front of a mutual influence cafeteria to the front road of the “new hospital” located in the Guro-Eup in the Guro-Eup in the Guro-si, the Defendant driven a Bgallon with alcohol content of at least 0.09% in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, a report on the circumstances of driving a drinking and a report on the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

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 reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation of the community service and the order to attend a lecture are that the Defendant, after driving alcohol, once he was punished, once again drive alcohol, and this is a very dangerous and unlimited act.

However, the defendant reflects the wrongness of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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