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(영문) 춘천지방법원 2018.01.30 2017고단947
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2017, the Defendant driven B car with alcohol content of 0.222% in the blood without a driver’s license from around 1km section from around 344, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 344, to the front road of the construction section 437, the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual condition, inquiry into the results of crackdown on drinking driving, and application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the following: (a) the Defendant committed the instant crime during the period of suspension of execution; (b) the Defendant, even before the instant crime was committed, was punished for driving under drinking; (c) the driving of drinking and driving without obtaining a license; (d) the driving of drinking is highly likely to debris not only the driver but also the other person’s life; and (c) the fact that alcohol concentration in blood is high, etc. that are disadvantageous to the Defendant.

On the other hand, the defendant seems to have been repented while making a confession of the crime of this case, and the fact that there is no other force than the fine once for the same crime is the factor of sentencing favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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