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(영문) 춘천지방법원 원주지원 2017.10.26 2017고단882
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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 March 8, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the main branch of the Chuncheon District Court on March 8, 2007, and on December 29, 2010, issued a summary order of KRW 2.5 million for the same crime by the same court.

On August 10, 2017, the Defendant, while under the influence of alcohol of 0.085% during blood transfusions, driven a B-do passenger car in the section of approximately 3 km in front of the “roat store” located on the 19-8-h of the Han-si Han-si Han-si, Hanju-si, an original language, from around 15:30 on August 10, 2017 to the front of the “roatter” located on the 387-ro, Han-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the circumstances of the driver of drinking, and report on the situation of driving of drinking;

1. Data to capture CCTV images;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (netly 17);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution has the history of being subject to three times criminal punishment due to driving of drinking alcohol for the reason of sentencing, the degree of main driving does not exceed 0.1%, and the occurrence of a traffic accident due to the instant crime is not the occurrence of the instant crime, and there is no record of criminal punishment other than three times of the said fine, and other circumstances, including the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the instant crime, and the conditions of sentencing indicated in the records, such as the circumstances after the commission of the crime, shall be determined as above.

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