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(영문) 춘천지방법원 원주지원 2017.10.20 2017고단816
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 12, 2010, the Defendant received a summary order of 700,000 won of a fine for a violation of road traffic law (drinking driving) from the original branch of the Chuncheon District Court. On October 28, 2011, the Defendant received a summary order of 6 million won of a fine for the same crime, etc. from the same support on October 28, 201, and on August 9, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for the same crime, and the judgment became final and conclusive on August 17, 2017.

On July 25, 2017, around 23:53, the Defendant driven a BN city car under the influence of alcohol content of 0.113% while under the influence of alcohol without obtaining a driver’s license from the Dor in front of the Chungcheong fishery in the Yacheon-si, Yacheon-si, Yacheon-si to the road in front of the flusium hot spring rest area in the 7km-si, Chungcheong-si, Chungcheong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions: Inquiry of criminal history, reporting of the previous convictions and reporting of the results thereof, and applying the statutes of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are the crimes of violation of the Road Traffic Act in 2010, the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2011, the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act in 2011, and the charges of violation of the Road Traffic Act, as stated in the first head of the judgment in 2017, were indicted for the crimes of violation of the Road Traffic Act (driving) and driving under the influence of alcohol again while being tried.

At the time, not only the blood alcohol concentration is high, but also the control is over the road while driving along the road.

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