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(영문) 춘천지방법원 강릉지원 2018.03.29 2018고단34

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 Records of Crimes】 On April 2, 2007, the Defendant was sentenced to a fine of KRW 500,000 to a fine for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on October 9, 2009, sentenced to a fine of KRW 7 million due to a violation of road traffic law in the same support.

【Criminal facts alleged in the Defendant’s crime, even though he was punished for drinking driving two times on November 10, 2017, he driven BS-type car under the influence of alcohol with approximately 0.232% of alcohol concentration from the 1km section of approximately 15m of blood from the 1km to the 2nd roads of the same city-ro-ro of war ex officio, from the roads in front of the 15th mnive of the Gangwon-do Gangwon-si, Gangwon-do, Gangwon-do, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Response to a request for appraisal;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same kind of force);

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. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

Unfavorable circumstances: Two times of crime in the same kind, and circumstances that are favorable to the high drinking volume: The confession and his mistake are divided.