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(영문) 춘천지방법원 2018.01.15 2017고단1167
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On August 31, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Chuncheon District Court as a crime of violating the Road Traffic Act (drinking driving), and the same court on January 13, 2012 with a penalty of KRW 5 million with the same crime.

Defendant, as seen above, was a person who committed a violation of the Road Traffic Act (drinking) on at least two occasions, once again, driven CA-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed, 0.053% of alcohol content in blood on October 22, 2017, and driven C-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed, 92 citizens’ chickens at the end of Switzerland Y-Wed-Wed-Wed

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), investigation reports (formers and reports), and application of summary order 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. 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 reason for sentencing under Article 62-2 of the Criminal Act of the Act on the Protection and Observation and Order to Attend the Course is that the Defendant had been punished for each of the crimes of violating the Road Traffic Act in 2001, 2004 (at the time, alcohol content in blood was higher than 0.107%), 2010, and 2012 (the criminal year is 2011). However, the Defendant again committed the instant crime is an unfavorable sentencing factor against the Defendant.

However, the defendant appears to be against the defendant's non-driving while recognizing the crime of this case and not driving again, the defendant was not punished for driving for more than five years, the alcohol concentration in blood was 0.053% at the time of the crime of this case, and the alcohol concentration in blood was 0.090% at the time of the crime of this case, 201, 201, 201, 2010, and 2011, at around 0.090%, 0.08%, 0.074%, and the crime of this case did not cause any more serious result due to a simple driving of alcohol.

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