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(영문) 춘천지방법원 2018.09.06 2018고단685
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On November 28, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) in the original Chuncheon District Court's main branch on November 28, 2014, and on April 22, 2015, by a person who was issued a summary order of KRW 4 million for the same crime in the same court on April 22, 2015, and has violated the provisions on prohibition of drinking under the Road Traffic Act on

On June 11, 2018, the Defendant driven a C E220-car under the influence of alcohol content of about 0.078% in a section of approximately 1km from the southwest-si to the front road of Chuncheon-si, Seocheon-si, Seocheon-si, Seoul, and the front road of Chuncheon-si. The Defendant driven a car under the influence of alcohol content of 0.078% in blood.

As a result, the Defendant, who has violated the regulations on drinking under the Road Traffic Act more than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver in charge, investigation report (report on the circumstances of the driver in charge), inquiry of the results of crackdown on drinking driving, response to inquiries, such as criminal records, (A), and application of Acts and subordinate statutes to investigation reports (verification of previous records);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act appears to have an attitude that the defendant was aware of his/her criminal act, and the fact that the defendant has no criminal record of imprisonment with labor or more severe punishment is favorable to the defendant.

However, even though the Defendant had been punished by a fine in 2014 and 2015, a relatively recent year due to drinking driving, he/she also drives drinking while he/she was under the influence of drinking, and the Defendant was under the control of the police according to the 112 report called a serious vehicle for drinking.

In addition, this case, such as the defendant's age, sex, environment, motive and background of the crime, results of the crime, and circumstances after the crime.

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