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(영문) 춘천지방법원강릉지원 2020.10.22 2020고단730

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 2, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on September 2, 2016.

【Criminal Facts】

On June 25, 2020, at around 21:45, the Defendant driven the E-Y third cargo vehicle while under the influence of alcohol leveling 0.184% from the 4km section to the 0.184% alcohol level from the 4km-si B apartment road to the front road of the “D” located in Gangnam-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Report on the occurrence of a traffic accident, report on the investigation of photographs at the scene of the accident (report on the situation of the driver of the vehicle), investigation report (Attachment to the portal site guidance);

1. Previous convictions in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: A drunk driving requires strict punishment as well as his/her own, which is highly likely to pose a threat to another person's life and body; the defendant also has the history of being punished once a drunk driving; the defendant's circumstances favorable to the defendant's occurrence of a traffic accident at the time of the pertinent drunk driving; the defendant's act of causing a traffic accident at the time of the instant drunk driving: The defendant's act of not driving a drunk again; and the defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, etc. are considered to be against the defendant's age, character and behavior, and various sentencing conditions specified in the records and arguments