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(영문) 춘천지방법원 2018.09.04 2018고단640
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, 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 4, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law (drinking driving) in the credit support of the Sugwon method, and was sentenced to a fine of four million won for the same crime at the Chuncheon District Court on July 28, 201, and was sentenced to a fine of four million won for the same crime at the Seoul Northern District Court on December 5, 2008.

On May 10, 2018, the Defendant driven three cargo vehicles with alcohol content of 0.323% from the 3km section from the front of the Myeon Office, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-do, to the front of the Myeon Office in charge of the accounting of the commercialization of the Myeon Office.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge), request for appraisal, notification on the result of crackdown on driving drinking, and notification of the result of control of driving drinking (list 14);

1. Inquiry about criminal history and application of the text of the judgment;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, and the community service order, has the record of being punished three times for the same crime as indicated in its reasoning, and the defendant was highly likely to infringe on traffic safety due to the high amount of alcohol concentration during the blood of this case.

However, there has been no criminal history of punishment for the last five years, and the defendant does not repeat again, and is receiving treatment of alcohol addiction.

In addition, the sentencing conditions shall be determined as ordered by considering the defendant's age, sex, environment, health conditions, and circumstances after the crime.

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