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(영문) 춘천지방법원 원주지원 2018.09.13 2018고단749
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 5 million for the same crime at the same court on May 2, 2016.

On June 9, 2018, the Defendant, while under the influence of alcohol leveling 0.153% among blood alcohol leveling around 18:50, driven a motor vehicle B with B low-speed car on the road of approximately 2 km in front of the “Lelim Schlage” located in the Gangwon-gun Roon-gun, Down-gun, Gangwon-do, in the same face, from around 1328 to around 1328 of Dong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. References to inquiries, such as criminal history, reporting on the results of confirmation of the previous conviction on each disposition, and the application of statutes of each 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. It is highly high that the main reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution is the same, three times after 2014, or three times after 2014, there is no record of criminal punishment exceeding the fine, the fact that there is no record of traffic accident, and the fact that no traffic accident is caused.

The sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the various circumstances, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and result

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