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춘천지방법원 속초지원 2018.02.14 2017고단239

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2009, the Defendant is a person who has a record of driving drinking three times, such as receiving a summary order of a fine of two million won for a violation of road traffic laws (drinking driving), and a summary order of a fine of one million won on October 10, 2012 by the same court as the same crime, in the first branch court in the Chuncheon District Court on September 8, 2009.

On May 28, 2017, the Defendant driven BM3 automobiles under the influence of alcohol concentration of about 0.155% in the section of approximately 300 meters from the road front of the Dom Cridge cafeteria, which is located in the middle of the intersection 231, in front of the intersection cafeteria, to the front of the upper road, from the road of the same Dom 203-1, the Defendant driven BM3 automobiles under the influence of alcohol concentration of about 0.15%.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving a drinking again in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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. 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 fact that the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation include a majority of criminal records of the defendant, and that he/she is not obliged to repeat the crime, referring to the treatment of proof of alcoholic content at present;

The punishment as ordered shall be determined in consideration of the fact that the defendant's age, sex, environment, circumstances of the crime, means and results, etc., and the conditions of all kinds of sentencing, such as the following circumstances after the crime, shall be determined by disposing of the vehicle.