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(영문) 춘천지방법원 원주지원 2018.01.18 2017고단1133
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 October 8, 2010, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking driving) at the original Chuncheon District Court's Jeju District Court's original branch on October 8, 201, and issued a summary order of KRW 3 million as a fine for the same crime on the 29th of the same month.

On October 17, 2017, the Defendant, while under the influence of alcohol content of 0.082% among blood transfusion around 22:59, driven a Bone Star bus at a section of about 4 km from the center of the Kuju-si to the front day of the Kuju-dong “Private Heavy Hospital.”

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 report on the results of regulating drinking;

1. Application of a reply to inquiries, such as criminal history, and the provisions of Part II of the judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Act on the Suspension of Execution provides that there is a history of criminal punishment three times due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, the degree of criminal punishment is not higher than that of the instant crime, not higher than that of the instant crime, and there is no record of criminal punishment exceeding that of a fine since 1978, and other various circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, etc., on the basis of which the sentencing conditions indicated in the records, such as the circumstances after the crime, are determined as above.

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