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(영문) 춘천지방법원 속초지원 2016.11.09 2016고단260
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

On July 12, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on June 17, 2013 as the same crime, respectively.

On May 13, 2016, at around 21:35, the Defendant driven a Cystent Gls car with a blood alcohol content of about 0.097% at a distance of about 100 meters from the front day of the restaurant “house with low transmission” located in the same Eup/Myeon from May 13, 2016 to the front day of the “day-to-day wedding hall” located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement of the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, investigation reports (report attached to summary orders), and application of Acts and subordinate statutes of one copy of summary order;

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 work and mitigation under Articles 53 and 55(1)3 of the Criminal Act (including the absence of any record of criminal punishment exceeding a fine and the absence of any record of punishment after being sentenced to a fine due to a drunk driving in around 2013);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the grounds for a suspended sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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