beta
(영문) 춘천지방법원원주지원 2020.10.22 2020고단714

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On July 10, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court.

【Criminal Facts】

On July 6, 2020, at around 22:25, the Defendant driven a D-be, under the influence of alcohol concentration of about 0.202%, from the section of approximately 34.6 km from the front side of Gangwon-gun B to the original K-si Parking Lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of criminal history records, inquiry reports, and investigation reports (verification of the same type of crime records) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant was punished in excess of a fine.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

At the time of the defendant's drunk driving, blood alcohol concentration was very high to 0.202%.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.