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(영문) 춘천지방법원 원주지원 2017.08.30 2017고단631
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On April 2, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the original state branch of the Chuncheon District Court on April 2, 2009, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the original state branch of the Chuncheon District Court on May 24, 2010.

[2] On June 11, 2017, around 02:40, the Defendant driven a Dworkun car at approximately 1.6 km while under the influence of alcohol 0.104% during blood without a driver’s license until the shooting distance at the same time as in front of the 16-wing apartment as in front of the 16-wing apartment as in front of the front city.

As a result, even though the Defendant had been punished more than twice as a crime of violating the Road Traffic Act, he was driving a vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Records of judgment: References to inquiries about criminal history, reporting on the results of confirmation before and after the previous convictions, and application of Acts and subordinate statutes to report on investigation (Attachment to the previous order of cultivation);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the lower sentence taking into account favorable circumstances) of the Act on Reduction of Small Quantity was that the Defendant was punished twice by a fine due to drinking alcohol driving (2009 and 2010), and on June 8, 2017, the Defendant was sentenced to a suspended sentence due to the refusal to take measurements of drinking alcohol and the obstruction of performance of official duties, but the Defendant was again driving the instant drinking without a license.

In light of the circumstances, there was a concern about causing danger to road traffic in the light of the control over the signal waiting.

At the time of crackdown, alcohol concentration is relatively high.

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