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(영문) 춘천지방법원 강릉지원 2018.01.25 2017고단1322

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 14, 2014, the Defendant was sentenced to a fine of one million and five hundred thousand won as a violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court.

[Criminal Facts]

1. On September 20, 2017, the Defendant driven a motor vehicle under the influence of alcohol at approximately 0.151% of alcohol while under the influence of alcohol in the 3km section of approximately 3km, from the upper end of the road in the vicinity of the Gangseo-si Medical Center located in the 2007 Gangseo-ro of Gangseo-si to the 3km of the same city, from September 20, 2017 to the front end of the 3km of the same city.

2. On September 20, 2017, the Defendant was sentenced to a fine due to the driving of alcohol at around 2014 as above. On September 20, 2017, the Defendant was under the influence of a fine due to the driving of alcohol at around 22:15, and on September 20, 2017, on the same day, even though he was under the control due to the driving of alcohol at around 22:46 on September 20, 2017, the Defendant driven a shot-ton car at around the 363 string of Gangseo-si, Gangnam-si, which is located in the 363rd of the same day, from the front of the dlim service at around 1km, to the road in front of the dlim service at around 471, as the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (interpellations about criminal suspect's drinking experience), and application of Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) of the same Act concerning the selective punishment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The fact that the reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are not good to the nature of the crime, such as drinking again immediately after the defendant is discovered by driving under drinking, the fact that drinking is considerable, and there is no record of punishment exceeding the fine.