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(영문) 춘천지방법원 영월지원 2017.07.11 2017고단202

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 4, 2008, the Defendant received a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (drinking driving), etc. on November 26, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), etc. on November 26, 2010, and on October 25, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court on October 25, 2012.

On April 15, 2017, the Defendant driven a coo motor vehicle B in a drunken state with a alcohol content of about 0.115% 0.15% from the 3km section from the front of the aptitude terminal in the face of Papju on April 15, 2017 to the road in front of the snow marisan 14 in the same face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 sentence like the order shall be sentenced in consideration of the favorable circumstances such as the fact that the defendant for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act recognizes the crime of this case, the unfavorable circumstances such as the defendant's committing the crime of this case without being aware of having been punished several times due to drinking driving, such as the fact that the defendant committed the crime of this case at the same time without being aware of the fact that he/she had been punished several times due to drinking, and other various conditions of sentencing as shown in the records and arguments, such as the character