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(영문) 춘천지방법원 2017.09.19 2017고단765
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 31, 2009, the Defendant issued a summary order of KRW 6,00,00 to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act at the Chuncheon District Court on April 23, 2013, and a fine of KRW 6,00,000 as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerously Injury and Injury resulting from Death) and a violation of the Road Traffic Act (drinking) at the same court on April 23, 2013 and the summary order

[2] On May 15, 2017, the Defendant, while under the influence of alcohol at around 12:34, 2017, driven a cub car from approximately 700 meters away from the 700-meter section to the front road of the Defendant E’s house, under the influence of alcohol content at 0.259% in blood.

As a result, the Defendant had been driving not less than twice, but had been driving again as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

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

1. 112 Report processing table and investigation report (the current state of the road in which a person under consideration drives drinking and the distance thereof);

1. Application of Acts and subordinate statutes to inquiries about criminal history and a copy of a summary order;

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. 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 accused’s confession of the instant crime while making an instruction to observe the protection and attend lectures; and (b) the fact that there are no criminal records of suspended execution or more than a suspended sentence, etc.

On the other hand, even before the crime of this case, the defendant had been punished for three times due to drinking driving, and repeated drinking driving, the driving of drinking is highly likely to be criticized as not only the driver but also the other person's life, and the degree of alcohol concentration in blood is disadvantageous to the defendant.

otherwise, the age of the defendant;

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