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(영문) 춘천지방법원 속초지원 2017.11.22 2017고단144
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws in the early branch of the Chuncheon District Court, and on February 12, 2014, on August 13, 2014, the Defendant completed the execution of the sentence in the Gangnam Prison on August 13, 2014, and was sentenced to a violation of road traffic laws in the same court. On December 24, 2015, the Defendant was a person who had six times of drinking alcohol, such as receiving a fine of three million won due to a violation of road traffic laws, from the Gangnam Branch Branch of the Chuncheon District Court on December 24, 2015.

On March 5, 2017, the Defendant driven DM5 car in the state of alcohol concentration of about 0.060% in the section of about 3km from around 06:40 of the same day to the front road of the Seocho-dong Labor Welfare Center, which is located in 06:40 on the same day from the front road of his house located in Gangwon-si, Gangwon-si, Gangwon-si, Seoul, to around 201.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and report on the situation of driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated offenses and attachment of judgment);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is that the Defendant recognized the instant crime and reflects the depth of the instant crime is favorable to the Defendant.

However, there are many kinds of records that the defendant has already been punished for driving alcohol, and the defendant has committed the crime of this case even though he was sentenced to a fine for the crime of drinking alcohol that was committed during the period of repeated crime, but he again committed the crime of this case, and there is a need for such a defendant to scule in the attitude of the law.

In this regard, drinking driving can cause fatal harm to the life and body of others.

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