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(영문) 춘천지방법원 원주지원 2016.10.25 2016고단806
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 16, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the original branch of the Chuncheon District Court on November 16, 2009, and a summary order of KRW 2 million as a fine from the same support to the same crime on November 2, 2012, respectively.

On July 30, 2016, around 21:35, the Defendant driven CM5 vehicle under the influence of alcohol content 0.061% from the section of approximately 3km to the road in front of the motorway located in Heung-si, Gangwon-si, the Hanwon-si, and from the passenger apartment parking lot to the exclusive road located in Heung-ri, the Defendant driven CM5 vehicle under the influence of alcohol content 0.061%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, report on the status of drinking driving, and report on the status of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was that the Defendant, who was punished after drinking, once again driven under the name of five times.

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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