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(영문) 춘천지방법원 강릉지원 2017.02.08 2016고단1437
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 20, 2009, the Defendant issued a summary order of a fine of KRW 3 million for a violation of road traffic law (driving of alcohol) in the support of the Suwon District Court on February 20, 2009, as well as a summary order of KRW 5 million for a violation of road traffic law (driving of alcohol) on March 14, 2013, respectively. The Defendant was punished for driving of alcohol up to four times.

On August 20, 2016, the Defendant driven C rocketing car under the influence of alcohol content of about 1.5 km from around 23:40 to the front road of the station located in the Dong-dong located in the same city, from around 1.5 km away from around 23:50 on August 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. A survey report on the actual condition, a report on the occurrence of a traffic accident, a report on the detection of the driver at the main place, a report on the circumstances of the driver at the main place, and a report on whether

1. Photographss related to each traffic accident;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (reports on previous convictions in disposition and results thereof, the same kind of records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The instant crime committed during the course of the first instance trial due to a separate violent crime for the reason of sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) of the mitigated Criminal Act, and a sentence of sentence is inevitable in light of the frequency, contents, etc. of the record of driving alcohol.

However, the minimum sentence of the mitigated sentence shall be imposed in consideration of the fact that the sentence is late, the equity in the case that the case is to be tried at the same time with respect to the crime of separate violence, the defendant's family environment, support relationship, etc.

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