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(영문) 춘천지방법원 2017.05.16 2017고단90
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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] The Defendant was issued a summary order of KRW 3 million by the Chuncheon District Court on July 18, 2013 for a crime of violating the Road Traffic Act (driving), and a person who was issued a summary order of KRW 4 million by the same court on January 8, 2016 for the same crime.

[2] On February 6, 2017, the Defendant driven a BNF rocketing car under the influence of alcohol with approximately 0.172% alcohol concentration from a section of approximately 1 kilometer from the Hancheon-si GM 84-3 located in the same city to the road in front of the same city, which was located on the same road from the Hancheon-si GM 84-3 of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (verification of suspect drinking driving capacity);

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 Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture are the factors for sentencing unfavorable to the Defendant, such as the Defendant’s repeated driving of drinking even though the Defendant had driven drinking twice prior to the instant crime. The driving of drinking is a criminal who is highly likely to criticize not only the driver but also another person’s life, and the fact that alcohol concentration in blood is high.

On the other hand, the fact that the defendant is divided into the crime of this case is an element of sentencing favorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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