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(영문) 춘천지방법원 원주지원 2016.03.22 2015고단1117
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

On October 6, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on March 6, 2008, and a fine of KRW 1.5 million for the same crime at the Daejeon District Court on January 10, 201.

On November 21, 2015, around 23:20, the Defendant driven a B Twork XG passenger car in the state of alcohol alcohol concentration of approximately 2km from around 2km to around 0.062% of alcohol level in the front of the “B Q” house located in the short-gu short-term town site located in the Seoul Metropolitan City, Nowon-gu, Seoul Metropolitan City to the front of the “B Q Q” house located in the same Sinsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Making teas;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to provide community service and the order to attend lectures have already been punished twice due to drinking driving, and the Defendant once again drives drinking.

However, the defendant reflects the wrongness of the defendant.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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