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(영문) 춘천지방법원 2016.03.10 2016고단46

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 14, 2015, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on January 14, 2015, and a summary order of KRW 3 million for the same crime at the same court on August 24, 2012.

On November 16, 2015, 2015, the Defendant 2016, the 2016 Highest 46, the Defendant driven B teteme car under the influence of alcohol with approximately 0.107% alcohol concentration in blood at the section of approximately 2 kilometers from the world apartment parking lot located in the city of Chuncheon to the front day of the same city at the same time.

On December 24, 2015, the Defendant driven CMW 320i car under the influence of alcohol content of at least 0.086% in blood, from the road front of the deadum of each Party in Chuncheon-si, Chuncheon-si, to the road front of the new World Tourism Age in the same city, at around 70 meters.

Summary of Evidence

"2016 Highest 46"

1. Statement by the defendant in court;

1. A statement of the circumstances of the driver at the main place of business: "2016 Highest 47";

1. Statement by the defendant in court;

1. "Prior records of judgment" after inquiring about the results of crackdown on driving drinking;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In light of Articles 53 and 55(1)3 of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the Act on the Mitigation of Small Quantity, there is a need for strict punishment for each of the crimes of this case in light of the risk and social harm of drinking driving due to the reasons for sentencing, and the degree of each of the crimes of this case is not less than that of each of the above cases, and the defendant has the record of being punished for the same kind of crime on two occasions. In particular, the defendant was driving in a short state of 0.107% on November 16, 2015, where one year has not passed since he was sentenced to a fine for the same kind of crime, as well as driving in the short state of 0.107% on which one month has passed since the above crime was committed.