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(영문) 춘천지방법원 2017.09.26 2017고단806
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 history] On May 31, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of road traffic law at the Jung-gu District Court (dacting driving), and a summary order of KRW 4 million for a crime of violation of road traffic law (dacting driving) at the Chuncheon District Court on April 9, 2015.

[Criminal facts] On July 14, 2017, the Defendant driven C Poter Cargo under the influence of alcohol content of about 0.179% from a 1km section to the front of the school, with the same face-ro 732, a letter from the street tour, which was 862, in the form of a document of Hongcheon-gun, Hongcheon-gun, Gangwon-do, Hancheon-gun, and the Defendant driven C Poter Cargo with approximately 1km alcohol content of about 0.179% in front of the school.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (attached to a summary order of the previous record);

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

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

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 fact that the defendant has been repented in the confession of the instant crime, and that he/she has expressed his/her intention not to drive drinking again, such as scrapping of a vehicle after committing the instant crime, is the sentencing factor favorable to the defendant.

On the other hand, even before the crime of this case was committed, the defendant had been punished twice due to drinking driving, and repeated drinking driving, the driving of drinking is likely to be criticized as not only the driver but also the other person's life, and the degree of alcohol concentration in blood is disadvantageous to the defendant.

The age, sex, environment, and crime of the defendant.

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