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(영문) 춘천지방법원 2019.01.24 2018고단1093
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

【Criminal Power】 On July 1, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Chuncheon District Court for six months on July 1, 2016, and the sentence becomes final and conclusive on July 9, 2016, the Defendant issued a summary order of KRW 4 million as a fine for the same crime in the Chuncheon District Court’s original state support on May 10, 2013, and the Defendant violated the prohibition of drinking under the Road Traffic Act two or more times by obtaining a summary order of KRW 1.5 million on April 13, 201.

【Criminal Facts】 On October 21, 2018, at around 01:50, the Defendant driven a D-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

As a result, the defendant, who violated the prohibition of drinking under the Road Traffic Act more than twice, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The application of Acts and subordinate statutes to the reporting on the circumstances of driving under influence of alcohol, the results of the crackdown on driving under influence of alcohol, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), the tea inquiry, the statement on criminal records, and the investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is the Defendant’s own fine in 2011 due to drunk driving, and the fact that the Defendant has been punished by the suspension of the execution of imprisonment in 2016, even though he/she had a criminal record of the crime, he/she is also under the disadvantage of the Defendant.

However, the fact that the defendant seems to have committed the crime of this case while making a confession is favorable to the defendant.

Defendant. Other defendant.

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