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(영문) 춘천지방법원 2012.12.07 2012고합147
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

【Criminal Power】 On January 12, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Chuncheon District Court. On April 2, 2008, the Defendant received a summary order of KRW 2 million as the same crime in the same court. On July 21, 2010, the Defendant received a summary order of KRW 1.5 million as the same crime in the same court.

【Criminal Facts” around 13:20 on May 28, 2012, the Defendant driven a FNEW EF rocketing car under the influence of alcohol content of about 4km from the front of the E’s house located in Yang-gu, Gangwon-do to the transmission distance intersection of the office building distance located in the same Dong-gu, Yang-gu, Yang-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Criminal history records, etc. inquiry report (A), previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of three copies of summary orders;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following factors shall be considered in light of favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. Although the defendant had several records of punishment for the same crime, he/she again committed the crime of this case even though he/she had been sentenced to punishment for the same crime, the punishment as the order shall be determined by taking into account the following factors: the defendant's age, character and conduct, environment, means and consequence of the crime, and the circumstances after the crime, including the fact that the defendant has no record of punishment more than a suspended sentence, and the defendant has divided his/her mistake.

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