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(영문) 춘천지방법원 원주지원 2019.02.13 2018고단1290
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 13, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on March 13, 2015, and on August 22, 2018, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act in the original state branch of the Chuncheon District Court on August 22, 2018 and the said judgment became final and conclusive on August 30, 2018.

【Criminal Facts】

On September 20, 2018, at around 22:38, the Defendant driven an Ecodo-B-B truck under the influence of alcohol leveling 0.244% from around 500 meters to D national highways on the front of “C cafeteria” road in the original city B, and from around 500 meters to D national highways.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and investigation report;

1. Application of each Act and subordinate statutes concerning criminal records;

1. Although the reasons for sentencing under Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding criminal facts are favorable to the defendant, there are several cases where the defendant has committed the crime of this case without being aware of the fact that he/she was under the suspension of execution due to the previous crime (the defendant committed the crime of this case only one month, even though he/she was under the prior action of the suspension of execution on August 22, 2018). Since the crime of this case is highly high drinking water, the crime of this case is committed with heavy character and circumstances, other motive and circumstances of the crime of this case, circumstances after the crime, the defendant's age, occupation, family relation, status, etc., taking into account two circumstances, such as the motive and circumstances after the crime of this case, the defendant's age, occupation, family relation, etc.

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