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(영문) 춘천지방법원 2016.02.04 2015고단1234
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 September 6, 2006, the Defendant received the notification of each summary order of KRW 1 million from the Chuncheon District Court to a fine of KRW 2 million for the same crime as a violation of Road Traffic Act (driving in drinking), from the Suwon District Court on August 3, 2007, and from the Chuncheon District Court on October 7, 201, as the same crime.

On November 19, 2015, the Defendant, while under the influence of alcohol 0.146% during blood transfusions, driven a vehicle B at approximately 50 meters away from the vicinity of the Chuncheon-si Automatic New Technology Base to the front road of the same sex-type pharmacy.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 in Article 62-2 of the Criminal Act is that the defendant's blood alcohol concentration is high, that the defendant has a previous record of driving drinking three times is disadvantageous, and that the defendant has no previous record of qualification suspension or more, and that the confession and reflect of the crime is favorable.

The punishment shall be determined by combining them.

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