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(영문) 춘천지방법원 강릉지원 2015.07.17 2014고단1132

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 27, 2008, the Defendant was sentenced to a summary order of KRW 1 million to a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on August 27, 2008; on February 6, 2009, the same court was issued a summary order of KRW 1.5 million to a fine for the same crime; on December 9, 2010, the same court was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act; on May 26, 2011, the same court was sentenced to a suspended sentence of 6 months for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents; and on August 3, 2011, the said suspended sentence became null and void, and the execution of each of the said suspended sentence was terminated at the Gangseo Prison Prison on May 24, 2012.

【Criminal Facts】

On October 27, 2014, the Defendant, while under the influence of alcohol on 0.187% of blood alcohol concentration on October 27, 2014, driven a motor vehicle under the influence of alcohol again while driving a motor vehicle under the influence of alcohol, even though there were two times or more criminal records of violation of the Road Traffic Act (driving) by driving ChoxG motor vehicle owned by the Defendant’s husband from the front of the luminous High School located in the same sea-dong in the same sea-dong to the front of the same Cheongdong-dong-dong-dong road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of whether a repeated crime is committed) or other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation include the fact that the defendant had been punished several times in the previous department, the fact that the defendant committed the instant crime during the period of repeated crime due to the previous department, and the fact that the defendant committed the instant crime during the period of repeated crime due to the previous department, and other various conditions of sentencing as mentioned above, including the defendant’s age, character and conduct, family environment, background, means and result of the crime, and the circumstances before and after