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(영문) 춘천지방법원 원주지원 2018.03.15 2017고단1135
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 January 25, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking driving) at the main branch of the Chuncheon District Court on January 25, 2010, and a summary order of KRW 5 million for a crime of violating road traffic law (drinking driving) at the same court on April 10, 2015.

On October 2, 2017, the Defendant driven B 2km from around 13:15 to around 1578, in the form of drinking alcohol concentration of 0.223% during blood, from around the door door market in the original city of the original city to the door door of the original city of the original city of the original city of the original city of the original city of the Gu, from around 2km to the front of the sixth apartment of the sixth apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of regulating drinking;

1. References to inquiries, such as criminal history, and application of each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation has been as follows. Since 2010, there was a history of being subject to criminal punishment twice for the crime of drinking alcohol, and all of the above crimes, including the degree of the principal offender of the instant crime, were considerably more than 0.2% of the blood alcohol concentration.

In light of the contents of pleading and the attitude of pleading, it is doubtful whether it is against the trial, and even after being served, the attitude of the trial was not neglected at will on the trial date.

On the other hand, it is also recognized that there is no record of criminal punishment beyond the fine, and that there was no traffic accident during the crime of this case.

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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