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(영문) 춘천지방법원 2018.12.12 2018고단1019

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 25, 2018, the Defendant driven a liquid sports vehicle C in the state of alcohol alcohol concentration of about 0.232% in a section of about 20km from the mutual influence restaurant located in Yangyang-gu, Gangnam-gu, Gangwon-do to the 5-14th street in the northwest-do, Chuncheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver placed in the main place and the application of Acts and subordinate statutes governing him;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture lies in the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 2004, while the defendant was sentenced to imprisonment due to drinking driving in 2004, he/she had the record of being sentenced to a fine of KRW 3 million due to drinking driving in 2013, and the defendant is deemed to have committed various crimes under the influence of drinking in addition to the recent drinking driving. At the time of the crime of this case, the defendant's blood alcohol concentration is very high, and the defendant was committed an accident beyond the boundary of the road with the front wheels of the vehicle.

However, the fact that the defendant seems to have recognized the crime of this case and against himself, that the defendant was hospitalized for the treatment of alcohol ozone, and that the defendant would not drive an absolute drinking, and that the defendant has no record of being sentenced to more severe punishment than the suspension of qualification before the crime of this case since 2004, etc., the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be considered as factors for sentencing favorable to the defendant, and the punishment shall be determined like the order, by taking into account all the circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.