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(영문) 춘천지방법원 2018.02.21 2017고단395

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On June 28, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act (mariju) at the Chuncheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. and completed the execution of the sentence on February 23, 2017.

[2] On March 16, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of road traffic laws at the Chuncheon District Court, and on December 7, 2012, the Defendant was sentenced to a suspended sentence of 2 months for a violation of road traffic laws at the Chuncheon District Court, and was sentenced to a suspended sentence of 2 months for a violation of road traffic laws. On June 11, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Chuncheon District Court.

On April 10, 2017, the Defendant driven a C body-man car under the influence of alcohol leveling of about 10 meters from around 10 meters to around 0.205% in alcohol leveling from around 186-1 on the roads of the Italian dan danran, Inc., located in 186-1, to the front road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous convictions: Inquiries about criminal history, reporting on investigation (verification of records of drinking driving at least twice), and application of Acts and subordinate statutes to report criminal investigations (verification of records of repeated crime);

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 reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes are the factors for sentencing favorable to the defendant, such as the fact that the defendant appears to have been repented while making a confession of the crime in this case, and that the distance of driving is not long.

On the other hand, however, the defendant has had the record of punishment for driving under drinking and has been punished several times, and the crime of this case was committed during the period of repeated crime, the blood alcohol level is high, the defendant's drinking level is high, and the police officer is exposed to drinking while driving the vehicle while driving the vehicle in the situation where the police officer is called out due to the drinking level problem, and driving under drinking is not only the driver but also the driver.