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(영문) 춘천지방법원 2020.08.12 2020고단571

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 August 11, 2016, the Defendant was issued a summary order of KRW 4 million by the Chuncheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 00:55 on May 20, 2020, the Defendant driven a car of 11k halogenCC from the front of the cafeteria “C” restaurant located in Hongcheon-gun, Hongcheon-gun, Gangwon-do, to the direction- 444 in front of the Gangwon-do Hongcheon-gun, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of the crackdown on drinking driving, and report on the situation of drinking drivers;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, summary orders, etc.;

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

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 under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment once due to drunk driving, even though he had the record of being subject to criminal punishment, and the nature of the crime is not good, and the blood alcohol concentration level of the defendant is considerably high. The defendant was in the state of being able to sleep above on the road while driving, and thus, the risk of the crime of this case was significantly high.

However, considering the fact that the defendant is able to not drive under the influence of alcohol again with his mistake, that there is no traffic accident due to the crime of this case, and that there is no other criminal record other than the criminal record in the judgment of the defendant.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.