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(영문) 춘천지방법원 2016.01.14 2015고단1146
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On October 7, 2008, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court, and on August 26, 201, the Defendant was sentenced to imprisonment with prison labor for six months and two years under suspension of execution.

On October 5, 2015, the Defendant driven B car 2.0 meters under the influence of alcohol level of 0.156% in alcohol level, from the front side of the restaurant, where it is impossible to ascertain the trade name at the entrance of a natural recreational forest located at the second degree of the Hongcheon-gun, Hongcheon-gun, the second degree of the river, to the 78.2km away from the front side of the restaurant where it is impossible to find out the trade name at the entrance of a natural recreational forest located at the Hancheon-gun, Hongcheon-gun, the second degree of the river.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. On-site photographs;

1. A written appraisal of alcohol during blood;

1. Previous convictions as stated in the judgment: A copy of the summary order of the Daegu District Court case No. 2008 High Court Decision No. 28683, and a copy of the judgment of the High Court No. 2011 High Court Decision No. 1006, which is the High Court of Daegu;

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. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures is high in alcohol concentration among the blood of the defendant, and the defendant has been prior to five times of driving alcohol, so the defendant should be punished strictly. However, the defendant should be punished strictly, but some favorable circumstances, such as the confession and reflecting of the crime, shall be determined in consideration of some favorable circumstances.

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