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(영문) 춘천지방법원 2013.10.24 2013고단915
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 27, 2010, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act due to a violation of the Road Traffic Act at the Chuncheon District Court on December 28, 201, and was sentenced to a suspended sentence of 8 months for the same crime, etc. on December 29, 2011, and the said suspended sentence became final and conclusive on December 29, 2011, and completed the said suspended sentence on January 2, 2013 at the Cheongcheon District Court.

On July 6, 2013, at around 02:00, the Defendant driven a CM car under the influence of alcohol of about 0.191% from the section of approximately 300 meters of alcohol content to the national highways No. 44, from the Seoul Automobile Trading Company, which was located in the Gecheon-gu Seoul Hongcheon-gu Gecheon-do Gul.

As a result, the defendant was a person who driven a drinking motor vehicle more than twice, and driving the motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous convictions indicated in the judgment: Application of criminal records, etc. inquiry reports (A), investigation reports (report attached to the judgment), one investigation report (verification of the completion date of the execution of the sentence), one copy of the current number of individuals, and one of the Acts and subordinate statutes applicable;

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. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, has already been punished several times, including the same crime, but the defendant again commits the crime of this case during the repeated crime, it is inevitable to sentence the defendant to imprisonment with prison labor for a severe punishment equivalent to the nature of the crime.

However, the defendant appears to be against the crime of this case, and the defendant's age, character and conduct, environment, etc. are equally considered in the arguments of this case, and the defendant is sentenced to punishment as ordered.

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