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(영문) 춘천지방법원 영월지원 2016.07.05 2016고단134
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2008, the Defendant was issued a summary order of 1.5 million won of a fine for a crime of violating road traffic law in the Youngcheon District Court's monthly support on December 22, 2008. On July 31, 2014, the Defendant was issued a summary order of 2 million won of a fine for the same crime in the same court.

Criminal facts

On March 31, 2016, while under the influence of alcohol content 0.056% during blood transfusion around 13:00, the Defendant driven Dunst Motor Vehicle at approximately 30km from the front of the Defendant’s house located in Gangwon-gun C in the same military field to the front road of the two Docheon-ro in the same military field.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place and an appraisal report;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant had been punished twice due to drinking, and at the same time, the defendant seems to have been under drinking because of the fact that the defendant had been under the influence of drinking in this case, and that the defendant was under the influence of drinking since the previous drinking was not completely broken, the defendant's blood alcohol concentration at the time of driving is not high, and the defendant disposed of the vehicle due to the fact that he would not drive under the influence of drinking, and other favorable circumstances such as the defendant's age, sex, sex, environment, motive, means, method, and consequence of the crime in this case, and all other conditions of sentencing as stated in the previous and previous theories, such as the records and changes of the sentence.

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