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(영문) 춘천지방법원 2013.04.18 2012고단389
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 7, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for violating the Automobile Management Act at the Chuncheon District Court, and the said judgment became final and conclusive on June 15, 2012.

On March 2, 2012, at around 20:50, the Defendant driven a G Mart car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.116% from the front side of the Southern cafeteria, Hongcheon-gun, Hongcheon-gun, Hongcheon-gu annual salary, Hongcheon-gu, Hongcheon-do, to the front side of the Hongcheon-gu, Hongcheon-gu, Hongcheon-do.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous convictions: Chuncheon District Court Decision 2012 High Court Decision 2012 High Court Decision 353 Court Decision, Application of Acts and subordinate statutes to the Agreement Assistants

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that treat concurrent crimes are against his/her own mistake. However, the Defendant, on September 6, 201, was sentenced to a suspended sentence of two years at the Chuncheon District Court on February 14, 2012 and appealed for six months and is currently pending in the appellate trial. The Defendant, even though having been sentenced to the above judgment, was driving under the influence of alcohol again on the remaining one month without being aware of it, and the blood alcohol concentration at the time of the instant judgment is also lower.

In addition, since 2001, the defendant has been subject to the suspension of the execution of imprisonment with prison labor for the same crime and two criminal penalties of fines.

In full view of the above circumstances, the sentence of imprisonment with prison labor is inevitable for a severe punishment corresponding to the nature of the crime against the defendant, since the quality of the crime is inferior.

Therefore, the defendant is sentenced to the same sentence as the order.

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