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(영문) 춘천지방법원 2018.10.31 2018고단789
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 29, 2018, around 19:47, the Defendant driven a C body-man car in the state of alcohol alcohol concentration of about 0.213% at the 1km section from the front village of the new village located in the Dong-gu Dong-gu Si, Bupyeong-gu, Bupyeong-gu, Dong-gu to the front day of the 66th association located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures are three times in total due to driving of alcohol without a license, driving of alcohol without a license, driving of alcohol without a license in 2004, and driving of alcohol in 2014, despite the fact that the Defendant committed the instant crime even though he had been punished due to a license without a license in 2016, each of the instant crimes was committed. The fact that the alcohol concentration in blood was high at the time of driving each of the said alcohol, and that the alcohol concentration in the blood during the instant crime was very high at the time of the instant crime, etc., that are disadvantageous to the

However, the fact that the defendant seems to have recognized the crime of this case and reflect on it, the crime of this case does not cause any more severe result due to a simple drinking driving, the defendant does not have to do so, and the defendant does not repeat again in the future, and the defendant does not have any record of being sentenced to more severe punishment than suspension of qualification due to the same or similar criminal conduct, etc. shall be considered as factors for sentencing favorable to the defendant. In addition, after considering all other circumstances, such as the defendant's age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., the punishment as shown in the argument of this case shall be determined as the disposition.

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