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(영문) 춘천지방법원 2020.05.20 2020고단193

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 December 24, 2019, the Defendant filed a summary order with the Chuncheon District Court as a crime of violation of the Road Traffic Act.

On April 10, 2020, the Defendant filed a summary order and received a summary order of KRW 10 million from the Chuncheon District Court.

【Criminal Facts】

On January 1, 2020, the Defendant, while under the influence of alcohol of 0.298% with blood alcohol level 0.293 on January 1, 2020, driven a fTbluri-car car from the front side of the “Ccafeteria” in Hongcheon-gun B to the front side of the E station in the same Doncheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. 112 reported case handling table;

1. Four copies of a photograph at the scene of the crackdown and a screen for the closure of a black box;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

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 on December 8, 2019, the Defendant was under the influence of alcohol while driving under the influence of alcohol by 0.219% on or around December 8, 2019, but the Defendant was under the influence of alcohol by 0.219% on or around December 8, 201. However, since the Defendant committed the instant crime without one month, it is not good to commit the crime, and the Defendant’s blood alcohol concentration level is very high to 0.298%, and the Defendant’s driving distance is considerably long.

However, the fact that the defendant shows his mistake late and reflects his depth, the fact that the crime of this case is limited to a simple drinking driving and that no more serious result has occurred, and the crime of this case was committed on December 8, 2019 before the crime was committed on or around December 8, 2019 without any criminal history against the defendant, and other age, character and conduct, intelligence and environment, family relationship, and crime.