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(영문) 춘천지방법원 2017.10.16 2017고단753
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

[criminal history] The Defendant is a person who has a record of committing a violation of the Road Traffic Act (driving) at the Chuncheon District Court on February 18, 2014, with a fine of KRW 1.5 million in relation to a violation of the Road Traffic Act (driving), and a fine of KRW 2 million in relation to a violation of the Road Traffic Act (driving on July 19, 2017) at the Chuncheon District Court on July 10, 2017.

[2] On June 22, 2017, at around 03:25, the Defendant driven B Poter truck with approximately 0.082% alcohol concentration in the blood alcohol level at approximately 100 meters from the front side of the South Sea State of Chuncheon, 12, the Southern-ro, Chuncheon-ro, Chuncheon-ro, 34, from the front side of the South Sea State of Chuncheon-ro, Chuncheon-ro.

Accordingly, the defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, has driven a motor vehicle under the influence of alcohol again.

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. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of investigation, and applying Acts and subordinate statutes to investigation reports (not later than drinking and twice confirmation);

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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 grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend a lecture have a record of being punished for the same kind of crime, and the fact that the Defendant committed the instant crime, which is the same kind of crime, within a short time without being aware of the fact that the Defendant had been under the judicial procedure since he was under influence of drinking immediately before the instant crime,

However, the fact that the defendant recognized the crime of this case and appears to be against the defendant's intention not to drive after drinking, the crime of this case is limited to a simple drinking driving, and the occurrence of any more severe result, and the suspension of qualification for the defendant.

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