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(영문) 춘천지방법원 영월지원 2018.05.01 2018고단40

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On July 20, 2012, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (drinking) in the Youngcheon District Court’s monthly support on July 20, 2012, and received a summary order of KRW 4 million due to the same offense in the same court on October 5, 2012.

[2] On December 21, 2017, the Defendant driven a B 3 truck, while under the influence of alcohol level of about 0.110%, from the section of about 13 km, from the 13km in the direction of the river-based, Gangwon-gu, Gangwon-do, Seoul Special Metropolitan City, the half-ro truck of which is under the influence of alcohol level of about 0.110%, from the direction of the river-based to the river of the river-based, Gangwon-do Special Metropolitan City, the half-ro truck of which is under the influence of alcohol level of 1199.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. Investigation report (to attach guidance on the moving route);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (the previous confirmation), copy of summary order, etc.;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An unfavorable condition of sentencing under Article 62-2 of the Criminal Act, such as the fact that the defendant had a record of being punished for the same kind of crime, the defendant recognized the crime of this case, the fact that there was no record of punishment exceeding the fine due to the crime of drinking after 2005, and other favorable conditions of sentencing indicated in the records of this case, including the defendant's age, sexual behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., shall be determined as ordered by comprehensively taking account of all the factors of sentencing