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(영문) 춘천지방법원 원주지원 2016.11.15 2016고단896
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 June 24, 2010, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine for the same crime from the same support on August 29, 2011, respectively.

At around 02:30 on September 5, 2016, the Defendant driven a motor vehicle under the influence of alcohol with 0.229% alcohol concentration at a section of approximately onem above the road B in front of the Gangwon-si, Gangwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, accident site photograph, etc.;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and report on the situation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, report on the results of confirmation of dispositions, and application of Acts and subordinate statutes to investigation reports (former and previous 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 reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture, even though the Defendant had been subject to punishment two times, again driven under drinking again, and the blood alcohol concentration at the time was considerably high.

However, the distance from drinking driving is short.

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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