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(영문) 춘천지방법원 속초지원 2017.04.19 2016고단413
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court on June 27, 2008, and the suspension of the execution of six months of imprisonment with prison labor for the same crime in the same court on July 9, 2013, and on March 12, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for a crime of violating road traffic law (unlicensed driving) at the early branch of the Chuncheon District Court on March 14, 2014 and was sentenced to six times of imprisonment with prison labor for the same crime.

[Criminal facts] On September 28, 2016, the Defendant driven B body-man car under the influence of alcohol content of about 0.119% at a distance of about 25km from the front side of the Jin-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun to the front side of the 5178 km in the same military base.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

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 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing conditions under Articles 53 and 55(1)3 of the Criminal Act, such as the following circumstances and the defendant’s age, sex, environment, circumstances of the crime, means and result, etc., shall be determined as ordered in light of the following conditions of sentencing.

Defendant recognized the instant crime.

It is possible for the defendant to be punished for the same crime, and the crime of this case has been committed without being aware of the fact that the criminal was committed in the present period of repeated crime.

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