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(영문) 춘천지방법원 2016.01.28 2015고단1029
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

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 April 16, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a crime of violating the Road Traffic Act (drinking driving), etc. by the Chuncheon District Court. On April 4, 2013, the Defendant was notified of a summary order of 5 million won by the same court as a crime of violating the Road Traffic Act (drinking driving).

On August 24, 2015, the Defendant driven approximately 3km B car 2 meters from the front day of the Pyeongtaek-si Uniform Market in Pyeongtaek-dong to the front day of the bus stop in the same city at the same time, while under the influence of alcohol content of 0.10% during blood transfusion around 22:17.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of statutes to a reply to inquiry, such as criminal history, a copy of the judgment of the Chuncheon District Court 2009 High Court 1169 High Court, and a copy of the summary order of the Chuncheon District Court 2013 High Court 2013 High Court 1135;

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. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances in light of the reasons for sentencing) of the mitigated amount;

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 lecture attendance order is that the defendant had been sentenced to a fine on three occasions due to drinking alcohol driving, and that he had been sentenced to a stay of the execution of imprisonment on one occasion is disadvantageous circumstances, and that the defendant's blood alcohol concentration is low, and that the confession of and reflects the crime is favorable circumstances.

The punishment shall be determined by combining them.

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