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(영문) 춘천지방법원 원주지원 2017.04.27 2017고단106
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 December 27, 2006, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on December 27, 2006, and on September 7, 2009, a summary order of KRW 700,000 to a fine for the same crime at the same court.

On December 21, 2016, at around 01:05, the Defendant driven a Cran-car under the influence of alcohol content of about 0.174% at the 1km section in front of the building in the same city compost-dong, from around the trade name in the influence of the master’s degree, Chuncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. The reason for a suspended sentence under Article 62(1) of the Criminal Act requires a strict punishment for a serious crime that may pose a threat to the life and body of himself/herself and others, the issue of which is not easy in light of the defendant's main working degree or the risk of driving drinking, the fact that the defendant has no record of criminal punishment other than four times a fine, the fact that the defendant has been subject to criminal punishment for the same kind of crime, the occurrence of a traffic accident, etc., not the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be comprehensively taken into account, and determined the sentence as shown in the Disposition.

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