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(영문) 춘천지방법원 원주지원 2017.02.14 2016고단1301

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On September 4, 2012, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (drinking driving) at the main branch of the Chuncheon District Court on September 4, 2012, and was sentenced to a suspended sentence of two years for a period of ten months by the same court on November 27, 2014.

On August 28, 2016, the Defendant driven a B flue car with alcohol content of about 0.170% under the influence of alcohol without obtaining a driver’s license on a section of about 400 meters in the front of the 276-day road, as seen earlier, as from the “mangy away away from a flood,” which is in the front city of nuclear power around 22:15 on August 28, 2016, to the front of the 276-day road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, report on the results of regulating the driving of drinking, and report on whether to drive any danger;

1. The driver's license ledger (A);

1. Records of judgment: Application of inquiry letter, such as criminal history (A), investigation report (A), and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity mitigated include three times the Defendant, who had been subject to punishment after driving alcohol, and in particular, even if the Defendant was sentenced to a suspended sentence of ten months due to a crime of violating the Road Traffic Act in 2014, he again again caused a traffic accident while driving alcohol of this case during the suspended sentence period, and thus, the Defendant’s liability for the crime is not easy.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.