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(영문) 춘천지방법원 영월지원 2013.08.23 2013고단296
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 19, 2007, the Defendant was sentenced to imprisonment for 8 months, 2 years of suspension of execution, 6 months of imprisonment with prison labor for violation of the Road Traffic Act in the Youngcheon District Court's Yeongdeungpo Branch's Yeongdeungpo Branch's monthly support on September 30, 2008, and 6 months of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death) at the Chuncheon District's District Court's Yeongdeungpo Branch's Military Support on April 20, 201. On February 21, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death) at the Youngcheon District's Young Branch's Military Support on October 22, 2012, and completed the execution of the sentence.

On June 2, 2013, at around 20:30 on June 2, 2013, the Defendant driven C Sick truck with alcohol level of about 0.271% under the influence of alcohol level of around 600 meters from the parking lot of the general social welfare center located in the Dobong-gu, Seowon-gun, Jeongwon-gun, Gangwon-do, to the front road of the "Yongyangyangyangwon" located in the Dobong-gu, Gangwon-do, Jungwon-gun, Seowon-gun, Seowon-gun

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to the same kind of judgment, etc.);

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. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, is that the defendant has been subject to criminal punishment (three times a heavier penalty), and the defendant has again committed the crime of this case during the period of repeated crimes due to the violation of the Road Traffic Act. The sentence of the defendant is inevitable in that the defendant has again committed the crime of this case.

Provided, That in consideration of the age, health status, etc. of the defendant, the punishment as ordered shall be determined.

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