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(영문) 춘천지방법원 2015.10.08 2015고단790
도로교통법위반(음주운전)
Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On November 4, 2010, the Defendant was notified of a summary order of a fine of KRW 4 million by committing a violation of the Road Traffic Act, and on August 8, 2011, the Defendant was sentenced to imprisonment with prison labor for the same crime and for six months and two years of suspended execution by the same court.

On July 31, 2015, at around 13:36, the Defendant driven a B Oralb while under the influence of alcohol concentration of about 0.148% in the section of approximately 1k from the vicinity of the Chuncheon City to the after-dong em of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (applicable to the same type of criminal records and attachment of judgment);

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is very high in blood alcohol level of the defendant, the defendant has a punishment power for five times due to drinking driving is disadvantageous circumstances, and the defendant drives a motor bicycle with less danger than a motor vehicle is more favorable circumstances.

The punishment shall be determined by combining them.

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