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(영문) 춘천지방법원 2016.11.04 2016고단911
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 May 13, 2016, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Western District Court on the following grounds: (a) a fine of KRW 1 million was imposed for a violation of the Road Traffic Act (driving) at the Seoul Western District Court; (b) a fine of KRW 5 million was imposed for a violation of the Road Traffic Act (driving on May 12, 2015; and (c) a fine of KRW 2.5 million was issued by the same court on October 29, 2010.

【Criminal Facts】

On September 11, 2016, the Defendant, while under the influence of alcohol on blood alcohol level of 0.085% on September 11, 2016, driven a car B from approximately 5km to the roads adjacent to the Gangwon National University, Gangwon National University, which was in effect automatic in Chuncheon to the roads adjacent to the Dongcheon Elementary School located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: Application of a reference inquiry report including criminal records, and Acts and subordinate statutes to a criminal investigation report (Attachment to a summary order of the same case);

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 punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures are the factors for sentencing unfavorable to the Defendant, as shown in the judgment of the Defendant, that the Defendant had not been aware of the history of punishment several times due to drunk driving, and that the Defendant was driving a motor vehicle in the state of drinking alcohol concentration of 0.085% at the time without any low level of alcohol level

On the other hand, there are extenuating circumstances such as the fact that the defendant's mistake is divided and reflects that he would not repeat the same crime again, and that the defendant has no other criminal records other than three times prior to the previous fine.

The age, character and conduct, the environment, the motive and background of the crime, and the crime.

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