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(영문) 춘천지방법원 영월지원 2014.02.11 2013고단586
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 10, 2009, and a fine of two million won for a violation of the Road Traffic Act (driving on April 5, 201) at the Jung-gu District Court on April 5, 201, and on April 13, 2010, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving on April 13, 2010) and two years of suspended sentence on November 16, 201, and was released on February 28, 201 during the execution of the sentence and for which the period of parole has elapsed since that time.

On October 29, 2013, at around 20:00, the Defendant driven B Coin cars with approximately 2.5m alcohol concentration of around 0.206% in the section of about 2.5m to the roads in front of the market pharmacy located in the Haak-gun of Gangwon-gun, Gangwon-do from a multi village located in the Soak-gu, Gangwon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: Application of Acts and subordinate statutes to criminal records, each investigation report (verification of the same criminal records as a suspect, current status of confinement, details of the progress of cases, report on attachment of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant would not be subject to re-offending in violation of his mistake. However, the defendant again committed the crime of this case even though he was sentenced to a punishment for the violation of the Road Traffic Act. The defendant's awareness of compliance with the law is weak, the possibility of re-offending is high, and blood alcohol concentration is considerably high, and traffic accident occurred at the time of this case. In light of the above, the sentence against the defendant is inevitable.

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