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(영문) 춘천지방법원 영월지원 2014.02.11 2013고단536
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 28, 2008, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on March 28, 2008. On March 24, 2010, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act at the Seoul Southern District Court for four months.

On October 24, 2013, at around 20:30, the Defendant driven C et al., while under the influence of alcohol concentration of approximately 0.069%, from around 700 meters to the new ginseng distance of the same Myeon from the 6-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dia dialogue.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A), investigation reports, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant would not be subject to re-offending in violation of his mistake. However, the defendant already committed the crime of this case even though he was sentenced three times as a crime of violation of the Road Traffic Act ( sound driving). In light of the fact that the defendant's awareness of compliance with the law is weak, and the possibility of re-offending is high, the defendant's sentence is inevitable, and therefore, the defendant's sentence is determined as ordered.

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