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(영문) 춘천지방법원 2017.11.27 2017고단899
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On April 3, 2009, the Defendant is a person who has been sentenced to a fine of one million won for a violation of road traffic laws at the Chuncheon District Court on November 17, 2009, a fine of three million won for a violation of road traffic laws at the Chuncheon District Court on November 17, 2009, and a fine of five million won for a violation of road traffic laws at the Chuncheon District Court on February 5, 2015.

On August 3, 2017, the Defendant driven CM5 car under the influence of alcohol concentration of about 0.18% from the 7.7km section to the road in front of the Ganwon-gun, Yangwon-gun, Yangwon-gun, Yangyang-do, 707 Do-ro 46-40, Gangnam-do, Yangwon-gun, Yangwon-gun, Yangwon-gun, Yangwon-gun, Yangwon-gun, Yangyang-gun, Yangwon-gun, Yangyang-gun, Yangwon-gun, Yangwon-gun, Yangwon-gun, Yangwon

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

Summary of Evidence

1. Statement by the defendant in court;

1. Criminal place, report on the situation of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the situation of the driver under the influence of alcohol, investigation report (verification of the distance from driving under the influence of alcohol), inquiry letter, investigation report (verification of the previous conviction), and application of the law of the sentence

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relation, economic situation, circumstances before and after the crime, etc. shall be determined by taking into account the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend a lecture and order to provide community service order.

D. Unfavorable circumstances: The fact that the person has already been punished three times due to drinking driving is highly likely to be criticized; the circumstances favorable to the high alcohol concentration in blood: there is no previous conviction exceeding the fine due to the same crime; the fact that there is no previous conviction exceeding the fine due to the same crime; the fact that the person recognizes the crime; and the fact that the person does not stop again by disposing of the vehicle.

(2) Does, in the future.

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