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(영문) 춘천지방법원 영월지원 2016.09.27 2016고단282

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On March 22, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving), on December 16, 2008, the Defendant was sentenced to a summary order of KRW 2 million for the same crime from the Chungcheong District Court’s Assistance on February 16, 2008. On February 5, 2009, the Defendant was sentenced to imprisonment for 4 months and 2 years for the same crime in the same court. On November 24, 2009, the Defendant was sentenced to imprisonment for 6 months with prison labor for the same crime from the Youngcheon District Court’s Youngcheon District Court’s Youngcheon District Court’s Monthly Assistance on October 24, 2013, and completed the execution of the sentence from the Chuncheon District Court on September 11, 2014.

[2] On May 7, 2016, while under the influence of alcohol level of 0.122% during blood transfusion around May 7, 2016, the Defendant driven a CNscoo car at the section of approximately 2 km from the front side of the Jeju Docheon-ro 89, Gangwon-do, Gangwon-do to the front side of the same Docheon-ro 170-6.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating driving of drinking and statement in the circumstances of driving of drinking;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, report on investigation (verification of the same kind of force), personal identification and application of Acts and subordinate statutes concerning the status of confinement;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44-2 (1) of the same Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity refers to the fact that the defendant needs to look after the suffering from disease such as a state-specific depression, etc., while the defendant's wife wanting to leave his wife and the defendant reflects the crime of this case, although the defendant was punished five times, including one time for suspended sentence and one time for suspended execution due to drinking, the defendant is also driving under the influence of drinking, and the blood alcohol concentration level is high, and this result from the crime of this case.