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(영문) 춘천지방법원 원주지원 2017.06.27 2017고단181
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 4, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law (drinking driving) in the Chuncheon District Court's original branch on December 4, 2009, and on September 3, 2013, the Defendant violated the Road Traffic Act that prohibits drinking by being sentenced to imprisonment with labor for the same crime in the same court on September 3, 2013 and imprisonment with labor for not less than ten months and a suspended sentence of two years

On January 20, 2017, at around 01:30, the Defendant driven a ebben A200 vehicle in a state of alcohol alcohol leveling 0.175% from the 2km section of approximately 2km to the 155th day of Won-si, Won-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a report on the circumstances of the driving of the driver at home and a report on the circumstances of the driver at home

1. Notification of the results of regulating drinking driving;

1. Inquiry into criminal history data;

1. The application of Acts and subordinate statutes to the investigation report (the 18th time annually);

1. The instant crime was committed even though there was a history of criminal punishment on three occasions, including the provision of the relevant law regarding the crime, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act regarding the selective sentencing of imprisonment, the provision on the suspension of execution on September 3, 2013 due to driving under the influence of alcohol for the reason of sentencing, and thus, again committing the instant crime (it has the record of being sentenced to a fine for the crime of non-licensed driving committed during the suspension of execution). The drinking value at the time of the instant crime is considerably high, and the instant crime committed a traffic accident in which vehicles parked as the instant crime had occurred.

However, since the prosecution took place and thereafter later, the intention to recover for themselves, such as the commencement of treatment related to alcohol addiction, etc., the favorable circumstances should be considered, and the sentencing conditions indicated in the record, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, shall be determined by taking into account the various circumstances, such as the defendant's age, sex, intelligence and environment, motive and means of the crime, and the circumstances after the crime.

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