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(영문) 춘천지방법원 원주지원 2018.01.25 2017고단1136
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On June 20, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic laws at the Chuncheon District Court on June 20, 2008, and on March 9, 2012, the same court issued a summary order of KRW 4 million as a fine for a violation of road traffic laws.

On October 14, 2017, while under the influence of alcohol content of 0.112% in blood, the Defendant started from the front of the “replacement of emulative meat” located in the 46th East-ro, nuclear power plant in nuclear power plant, and driven a Belgium car at approximately 92km from the front of the school located in the 24-lane, nuclear power plant in nuclear power plant in nuclear power.

2. The Defendant violated the Guarantee of Automobile Compensation Act operated the said car without mandatory insurance at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the report on the circumstances of driving under drinking, the notification of the results of the crackdown on driving under drinking, the statement on the circumstances of the driver under driving under drinking, the inquiry into information on non- mandatory insurance, and the management of the report on primary driving

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes (netly 24);

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, and selection of imprisonment, respectively, for the sake of penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are two times the period of punishment under Article 62(1) of the Act on the Suspension of Execution, and the drinking value is not less and less than that of drinking, and the distance of driving under the state of drinking is considerably long;

However, the execution of punishment shall be suspended for a certain period of time in consideration of the fact that there is no record of criminal punishment other than the above drinking driving power.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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