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(영문) 춘천지방법원 원주지원 2018.11.15 2018고단1062
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2007, the Defendant issued a summary order of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

On September 7, 2018, the Defendant driven a B Poter vehicle on the road located around about 5 km from 231 to 30 km-dong in Taeju-si, Changju-si, under the influence of alcohol content 0.126% during blood transfusion around 23:10.

Summary of Evidence

1. Statement by the defendant in court;

1. The arrest report, the notification of the results of crackdown on drinking driving, the inquiry of the results of crackdown on drinking driving, and the statement of the situation of the driver;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (netly 11);

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. Even though there was a history of criminal punishment twice due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, recidivism was committed, and the degree of main practice is not less than 0.1%, and it is not easy to impose a penalty, in particular, because it is highly likely that a person is trying to enter an expressway while driving alcohol or driving alcohol.

On the other hand, the defendant does not cause a traffic accident, but has no record of criminal punishment except twice a fine, and does not commit a second offense.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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