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(영문) 춘천지방법원 원주지원 2016.05.24 2016고단269
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 14, 2010, the Defendant was issued a summary order of a fine of 3.5 million won for a violation of road traffic laws (drinking driving) at the main branch of the Chuncheon District Court on May 14, 2010. On July 23, 2010, the Defendant was issued a summary order of 1.5 million won for a violation of road traffic laws (drinking driving) at the main branch of the Chuncheon District Court on July 23, 2010. On June 7, 2012, the Defendant was issued a summary order of 1.5 million won for a violation of road traffic laws (drinking driving), and was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act on at least two occasions.

On March 12, 2016, 15:00, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol content 0.103% in blood while under the influence of alcohol content at around 0.103%, from the front of the 155 Western-gun, Seosung-gun, Seosung-ro, 155, Seosung-gun, Seosung-gun, Gyeongsung-gun, the front of the 150, Seosung-gun, Gyeongsung-gun, the Agricultural Technology Center of 150.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Criminal records: Application of inquiry letter, investigation report (Attachment to the previous decisions, etc.) and statutes, such as criminal records;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity mitigated have a total of six times of punishment due to the Defendant’s act of refusing to drive alcohol or to measure alcohol alcohol. In particular, since the Defendant was sentenced to a suspended sentence after driving alcohol or without a license in 2012 and was sentenced to a suspended sentence, there is no room for the Defendant to have his wife separately.

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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