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(영문) 춘천지방법원 2017.07.17 2017고단404
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 July 1, 2009, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of the Road Traffic Act (drinking driving), etc. by the Suwon District Court on July 1, 2009. On November 7, 201, the Defendant was sentenced to a fine of 3 million won due to a violation of the Road Traffic Act (drinking driving) at the Seocheon Branch Branch of the Daejeon District Court on July 1, 201.

On April 18, 2017, at around 14:35, the Defendant driven a Bbee or car while under the influence of alcohol content of 0.169% at approximately 2.5m alcohol level on the road near the Hongcheon-gun Forest Park, Hongcheon-gun, Hongcheon-gun, 17-ro, Hongcheon-gun, 17-ro, Hongcheon-gun, 217.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on actual condition, on-site photographs, report on the circumstances of the driver of a mainly placed driving, and notification of the results of regulating drinking driving;

1. Previous convictions: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of the disposition, and application of Acts and subordinate statutes to investigation reports (Attachment of suspect driving records);

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 as ordered by considering the observation of protection, community service, order to attend lectures under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.

Unfavorable circumstances: The defendant's re-driving of a motor vehicle even after being punished twice due to drinking is a bad and the alcohol concentration level in blood reaches 0.169%: The defendant's act is recognized, reflected, and not re-offending.

such an action.

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