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(영문) 춘천지방법원 2019.01.30 2018고단1105
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 29, 2010, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court, etc. on May 10, 2013, and was sentenced to a fine of KRW 5 million for the same crime in the main branch of the Chuncheon District Court on May 10, 2013, and one year of imprisonment, two years of suspended sentence, and six months of imprisonment for the same crime in the same court on November 7, 2013, and the execution of the sentence of six months in the above prison on July 16, 2016 is terminated.

【Criminal Facts】

On August 18, 2018, around 20:50 on 20:50, the Defendant driven a Doro-ro B apartment in the state of alcohol 0.11% of blood alcohol concentration at approximately 500 meters from the front of the B apartment to the front of the C in the same city.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. On-site photographs, report on the circumstantial statements of the driver, and report on the actual condition of the driver;

1. Previous convictions as stated in the judgment: Criminal history records, investigation reports (verification of repeated crimes), investigation reports (Attachment of summary orders, attached documents of summary judgments), copies of summary orders of Chuncheon District Court No. 2010 high-level and 4040, copies of summary orders of Chuncheon District Court No. 2013 high-level and 661, copies of summary orders of the original branch court of Chuncheon District Court, and copies of the statutes applicable to Chuncheon District Court No. 2031 high-level

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The fact that the reason for sentencing Article 35 of the Criminal Act among repeated offenders shows that the defendant seems to have recognized and reflected the crime of this case is an element for sentencing favorable to the defendant.

However, the defendant was sentenced to a suspended sentence of imprisonment for 2013 due to drinking driving, and the defendant was sentenced to a suspended sentence of imprisonment for 2013. The defendant was sentenced to imprisonment for 2016.

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