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(영문) 춘천지방법원 원주지원 2017.12.15 2017고단949
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2017, the Defendant driven at the top of the GS convenience store located in the same fri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter referred to as "GS-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a notification of the results of regulating drinking driving and a statement in the circumstances of drinking drivers;

1. Relevant legal provisions and Articles 148-2 (2) 2 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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, environment, motive of the crime and circumstances after the crime, etc. shall be determined as ordered by the observation of protection and the order of community service, the order of education, and the reason for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: the Defendant was punished several times by drinking driving from around 2002 to around 2010 (including the past record of a sentence in 2010) and has the record of causing a traffic accident due to drinking driving.

At the time of the instant case, the accident caused the shock of parked vehicles.

In order to conceal the fact of drinking driving, it was also possible to request D to make a statement by proxy.

At the time of detection, alcohol concentration is also high.

Finally, more than seven years have passed from the time when he was punished for driving under drinking.

The defendant disposes of the car volume and does not repeat the car volume.

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