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(영문) 춘천지방법원 2017.11.14 2017고단759
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 13, 2017, the Defendant 2017 J. 759 driven a car with a c ambling 70% 0.203% of alcohol concentration in the blood. The Defendant driven a car with a cambling camb from the right side of the west-gu west-gun, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yang-gu, Yang-gu, Yang the eb

On October 29, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Chuncheon District Court for a violation of the Road Traffic Act (drinking). On June 13, 2017, the Defendant committed the same crime and was prosecuted with the Chuncheon District Court on July 28, 2017.

On July 29, 2017, the Defendant driven a Cbeon car at the section of approximately three meters in front of the E cafeteria in Gangwon-gu, Yangwon-gun, under the influence of alcohol content of 0.135% among blood transfusions on July 29, 2017.

Summary of Evidence

[2017 Highest 759]

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 (200 highest 800);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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. Inquiry about criminal history, reporting on previous convictions and results, and the application of Acts and subordinate statutes to the indictments;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Driving at a speed of 2017 high speed of 759: Article 148-2(2)1 and Article 44(1) of the Road Traffic Act; the choice of imprisonment;

(b) Driving at a speed of 2017 high speed of 800: Article 148-2(1)1 and Article 44(1) of the Road Traffic Act; the punishment of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation, the community service order and the order to attend a lecture, despite the fact that the Defendant had been punished for driving under drinking on October 2015, repeated driving of drinking twice at the same time. In particular, the Defendant committed the second driving under the investigation of driving under the first driving under the influence of drinking, and the driving of drinking is highly likely to criticize not only the driver himself, but also the other person’s life.

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