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(영문) 춘천지방법원 속초지원 2018.01.10 2017고단272
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 21, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic laws at the Gangnam Branch of the Chuncheon District Court, and a summary order of KRW 1.5 million for a crime of violating road traffic laws at the elementary branch of the Chuncheon District Court on June 9, 2017, respectively.

【Criminal facts】 On June 23, 2017, the Defendant driven DK3 automobiles under the influence of alcohol level of about 0.095% in the direction of about 6km from the front day to the old teachers’ distance located in Yangyang-Eup, Yangyang-gu, Yangyang-do, in a manner of under the influence of alcohol level of about 0.05% in the direction of about 02:50 on June 23, 2017.

Accordingly, the defendant, who violated the drinking regulations at least twice, was driving a drinking again in violation of the above regulations.

On July 2, 2017, 2017, the Defendant driven DK 3 automobiles while under the influence of alcohol content of about 0.129% in the 3km section of approximately 3km, from the front of the 16-ro 108 ambi city in the city of Gangwon-si, Gangwon-do to the front road of the 4019, as of the same day, around 22:45 amb from the front of the 108 ambi-si to the front road of the ambi-si election commission in 4019.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving a drinking again in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of each case and notification of the results of regulating drinking driving;

1. On-site photographs of drinking drivers and photographs related to drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the age, sex, environment, circumstances, means and results of the commission of the crime.

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