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(영문) 춘천지방법원 원주지원 2019.03.27 2019고단32
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 25, 2011, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the original state support of the Chuncheon District Court on March 25, 201, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the same court on April 17, 2015, and on January 11, 2018, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (recognition) and was sentenced to a suspended sentence as of January 19, 201.

Criminal facts

On October 23, 2018, at around 22:25, the Defendant driven a e-motor vehicle under the influence of alcohol concentration of about 0.11% from a section of approximately 100 meters, from the roads near the C store located in the Kuju-si B to the roads front of the D apartment house.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of statutes concerning criminal records;

1. Although the reasons for sentencing under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act regarding the crime are favorable to the defendant, there are several cases where the defendant has committed the crime of this case without being aware of the fact that he had committed the crime of this case even though he had been under the period of probation due to the previous violation. Furthermore, the crime of this case was committed in light of the nature and circumstances of the crime of this case, and the motive and circumstance of the crime of this case, circumstances after the crime, age of the defendant, occupation, family relation, health status, etc., the punishment of this case should be determined like the order, by taking into account all the circumstances such as the motive and circumstance of the crime of this case, circumstance after the crime of this case, the defendant's age, occupation

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