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(영문) 춘천지방법원 2017.08.29 2017고단695
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

[criminal history] On August 30, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of road traffic law at the Chuncheon District Court, and a summary order of KRW 4 million for a crime of violation of road traffic law at the Chuncheon District Court on July 16, 2012, respectively.

[Criminal facts] On July 6, 2017, the Defendant driven BFD car under the influence of alcohol concentration of approximately 0.142% in the 3km section from the 3km section to the front of the Gyeongcheon National Forest Management Office, which is located in the 65-5-5 metro from the scopical world around the scopical world to the 5rd of the same scopic world.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44-2 (1) of the same Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the Criminal Act (Calculation of the following favorable sentencing grounds):

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 include: (a) the Defendant appears to have been repented while making a confession of the instant crime; and (b) the fact that the Defendant has no criminal record or heavier than a fine, etc., are factors for sentencing favorable to the Defendant.

On the other hand, even before the crime of this case was committed, the defendant had been punished twice due to drinking driving, and repeated driving of drinking, the driving of drinking is likely to criticize not only the driver but also the other person's life, and the fact that alcohol concentration in blood is high, etc. are disadvantageous to the defendant.

In addition, the arguments of this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc.

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