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(영문) 춘천지방법원 원주지원 2013.05.14 2013고단156
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On January 31, 2007, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for the crimes of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court. On July 7, 2009, the Defendant was sentenced to four months of imprisonment for the crimes of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court.

On March 7, 2013, at around 08:30, the Defendant driven CM5 car under the influence of alcohol content of about 0.155% from the 30km section to the front way of the Central Highway located on the Hoju-si Ho-si Ho-si Ho-si, Goju-si, Gocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes attached thereto;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

1. There are extenuating circumstances such as the fact that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflectiveness, etc.), but the defendant committed the instant crime again even though he had a previous conviction (two times of fine, one time of suspended execution, and one time of imprisonment) of the same kind of crime at several times, the defendant committed the instant crime again; the defendant's blood alcohol concentration (0.155%) at the time of the instant case was relatively high; the distance (30km) driven by the defendant was somewhat somewhat high; and the punishment is determined as ordered in consideration of all the conditions of sentencing specified in the instant argument, such as the statutory penalty for the instant crime.

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