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(영문) 춘천지방법원 원주지원 2016.12.06 2016고단998
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power” On February 1, 2005, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at an Ansan District Court’s Ansan Branch, on December 16, 2009, upon the issuance of a summary order of KRW 2 million as a fine for the same crime from the Seocho Branch Branch of Chuncheon District Court’s Seocho Branch, on August 24, 201, the Defendant issued a summary order of KRW 1.5 million as a fine for the same crime at the same court on August 24, 201, and on October 18, 201, the Defendant was sentenced to a suspended sentence of imprisonment for 10,000 won for the same crime at the same court.

【Criminal Facts of Crimes】 On October 7, 2016, the Defendant driven a car with Cmea in the section of about 3 km from the original flusium parking lot located in the original Dogdong-to-Eup, Nowon-gu, to the front road of the Dongsch apartment, located in approximately 201-11 in the same Eup, in the state of alcohol concentration of 0.12%.

Accordingly, even though the defendant had been punished twice or more for the violation of the Road Traffic Act, he was driving a vehicle under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. Report on the status of running a driving under the direction of the driving under the direction of the driving under the direction of the driving under the direction of the driver under the direction of the driver under the direction of the driver under

1. Criminal records as stated: Application of criminal records, inquiry reports, investigation reports (in relation to the same kind of power of a suspect, etc. attached to such judgments, etc.);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the option of criminal facts;

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 under Article 62-2 of the Criminal Act on probation and community service order causes a traffic accident while driving under the influence of alcohol again even though the Defendant was punished four times after driving under the influence of alcohol.

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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