(영문) 춘천지방법원 속초지원 2018.10.01 2018고단15

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(영문) 춘천지방법원 속초지원 2018.10.01 2018고단15

도로교통법위반(음주운전)

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law in the early branch of the Chuncheon District Court on March 11, 2015, and a fine of KRW 6 million for the same crime in the same court on February 17, 2016.

Although the Defendant had been punished twice or more due to the foregoing crime of drinking driving, the Defendant driven C X-ray car under the influence of alcohol content of about 0.070% in the 5km section from the front of the high school to the front road of about 6176 in the same military year, at around 07:55 on Jan. 5, 2018, at around 15, the Gosung-gun of the Gangwon-gu Gosung-gun of the Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

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. 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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant recognized the crime, the fact that the defendant has no record of punishment exceeding the fine, the fact that there are many criminal records due to the same crime committed by the defendant, the fact that the accident occurred at the time of the incident, and the fact that the defendant's age, sex, environment, circumstances of the crime, means and result, etc., shall be determined as ordered by the sentence in consideration

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