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(영문) 춘천지방법원 원주지원 2018.09.05 2018고단662

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated a summary order of KRW 1 million on March 9, 2009, issued a fine of KRW 5 million on August 19, 2010 with a summary order of KRW 5 million from the original state branch of the Chuncheon District Court on August 19, 2010, with the same offense under the same provision at least two times.

[ 범죄사실] 피고인은 2018. 6. 8. 01:59 경 원주시 천매 봉 길 68에 있는 ‘ 쏘쌩크’ 앞 도로에서부터 같은 시 현충로 58번 길 29에 있는 태장 현대 아파트 107 동 앞 도로에 이르기까지 약 5.5km 구간에서 혈 중 알코올 농도 0.132% 의 술에 취한 상태로 C 벤츠 E200 승용차를 운전하였다.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, and the report processing case list and written statement (D);

1. Application of Acts and subordinate statutes to inquiries about criminal history, and reporting prior convictions and results thereof;

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

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., sentencing that is favorable to the defendant) are favorable to the defendant, there are circumstances that are favorable to the defendant, such as the fact that the defendant has a depth of his mistake. However, there are criminal records of the same kind, including the criminal records of probation, which was sentenced around March 2014, and the crime of this case was committed in light of the method and result, etc., the nature and circumstances of the crime of this case are significant, and other circumstances, such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relationship, health status, etc., are taken into account.