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(영문) 춘천지방법원 2018.02.05 2017고단1310

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant received a summary order of KRW 2 million from the Chuncheon District Court on August 18, 2009 to the crime of violating the Road Traffic Act (drinking driving), and a person who received a summary order of KRW 4 million from the same court on February 2, 2016 to the same crime.

On November 7, 2017, the Defendant driven a car with approximately 0.107% alcohol concentration in the blood blood while under the influence of alcohol leveling around 0.107% in front of the C cafeteria located near Chuncheon City B without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on actual condition, survey report on actual condition, survey report on actual condition (1), survey report on actual condition of a traffic accident, check of the results of crackdown on drinking driving (2) on the scene of a traffic accident, check of the results of crackdown on drinking driving, report on the circumstances of a driver in charge, inquiry of a driver's license, and investigation report (the above

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished for a violation of the Road Traffic Act in 2005, 2009, and 2016; (b) the record of having been punished for a violation of the Road Traffic Act (unlicensed driving) in 2007 and 2013; (c) the degree of alcohol concentration in blood is higher than 0.107% at the time of the instant crime; (d) the degree of alcohol concentration in blood during the instant crime was higher than 0.1% at the time of the previous crime of driving alcohol; and (e) the degree of alcohol concentration in blood was higher than 0.1% at the time of the instant crime; and (e) the degree of traffic accidents that shock an air conditioner out at the time of the instant crime was committed.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, and the suspension of qualification is higher than that of the defendant.