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(영문) 춘천지방법원 원주지원 2015.05.07 2015고단169
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

The Defendant was sentenced to a fine of KRW 1.5 million at the Seoul Southern District Court on August 14, 2009, and a fine of KRW 3 million at the Suwon District Court on December 7, 201 as the same crime.

On February 3, 2015, at around 22:06, the Defendant driven C in a drunken state with a blood alcohol concentration of about 0.058% from the section of about 200 meters to the front road of the 930-ro in the same city, from the roads in front of the Haban-dong Haban-dong, Sinan-dong, Sinan-si, Sinan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on a violation of the Road Traffic Act, inquiry into the results of the regulation of drunk driving, report on the situation of drunk driving, and notification of the results of the regulation of drunk driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a fine for the crime, and the selection of a fine;

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, community service and order to attend a lecture, even though the Defendant had already been punished twice due to drinking driving, once again driven by drinking.

However, his mistake is against himself, and the blood alcohol concentration is relatively low, and the distance of drinking driving is short.

In consideration of these circumstances, the punishment as ordered shall be determined.

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