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(영문) 춘천지방법원 2017.08.16 2017고단454
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On April 20, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on April 20, 201, and a summary order of KRW 4 million for the same crime at the same court on July 17, 2014, respectively.

[2] On May 7, 2017, the Defendant was under the influence of alcohol content of 0.178% during blood transfusion around 18:00, the Defendant driven a Jeju Apartment apartment in the Hancheon-gun Hongcheon-gun Hongcheon-gu Hongcheon-ro, Hongcheon-ro, Hongcheon-ro, and run the B radar van at the 2km section from the front side of the main apartment in the Hancheon-gun Hongcheon-gun Hongcheon-ro to the back of the 55-ro conference in the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. To refer to the results of the arrest report of the case, the notification of the results of regulating drinking driving, the photograph of the driver, and the control of drinking;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of the previous convictions in each disposition, and applying Acts and subordinate statutes of each summary order;

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 (Article 53 and 55(1)3 of the Criminal Act ( Taking into account the following factors in sentencing favorable to the accused):

1. Article 62 (1) of the Criminal Act on the stay of execution (the following factors have been repeatedly considered for sentencing favorable to the defendant);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had been punished for the same kind of crime, and that the defendant had been punished for a similar crime, but again committed the instant crime even though he had the record of being punished for driving without a license, which is a similar crime, the defendant's blood content at the time of the instant crime, was remarkably high by 0.178%, and that the defendant was a very dangerous situation because he was diving from the exit of the wheel intersection to the lock.

However, it is favorable for the defendant to recognize and reflect the crime of this case. The crime of this case is a simple drinking driving, and the defendant does not drive drinking again.

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