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(영문) 춘천지방법원 원주지원 2018.01.25 2017고단1210
도로교통법위반(음주운전)
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

On October 31, 2003, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic laws (drinking driving), etc. on the part of the Chuncheon District Court, and on January 20, 2004, the Defendant was sentenced to 6 months of imprisonment with prison labor for the same crime, etc. on the part of the main branch court of the Chuncheon District Court. On October 11, 2010, the Defendant was issued a summary order of 5 million won of a fine for the same crime, etc. on the same support, and was issued a summary order of 2 million won of a fine for the same crime on April 5, 2013.

On November 19, 2017, the Defendant, while under the influence of alcohol 0.114% during blood transfusion around 17:3, 2017, driven the B rocketing car at the section of about 20 km in front of the “gold Dao-Eup” located in the original Doo-si from “Wo-si” to “Wo-si” located in the original Doo-si in the original Doo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Inquiry into criminal history and application of Acts and subordinate statutes (netly 15);

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant is highly likely to repeat the crime of this case due to a serious lack of circumstances, such as having a history of criminal punishment, including punishment and suspended execution, due to the crime of drinking alcohol driving; and (b) the degree of the principal offender of the crime of this case is not easy.

Since 2005, there is no record of criminal punishment exceeding fines due to the same crime, not the occurrence of a traffic accident due to the crime of this case, and the same will not be committed again.

The execution of punishment shall be suspended for a certain period of time by ordering protection observation and community service, in consideration of the circumstances, such as the fact that the punishment is in progress.

In the above circumstances, the sentencing conditions indicated in the records, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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