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(영문) 춘천지방법원 원주지원 2016.12.06 2016고단977
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 November 17, 2008, the Defendant was sentenced to a summary order of 2 million won as a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on November 17, 2008. On March 25, 2010, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and driven a motor vehicle under the influence of alcohol more than twice.

【Criminal Facts】

On September 14, 2016, at around 08:00, the Defendant driven a B-hand car with blood alcohol content of at least 0.144%, from the front of a cafeteria located in the central dong of the Won-si to the front of the suspender located in about 365-28 of the same Doodong 365-28.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. A report on the state of driving under the influence of alcohol, a report on the state of driving under the influence of alcohol, a report on the control of driving under the influence of alcohol, and a report on

1. Blucs and video data CDs;

1. Criminal records as judged: Application of criminal records, inquiry reports, and investigation reports (the confirmation of criminal records for drunk driving not less than twice);

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 of Article 62-2 of the Criminal Act on probation, community service and lecture attendance order is that the defendant is driving under drinking again even three times after driving under influence of alcohol.

Since traffic accidents have occurred, the nature of the crimes is not good.

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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