beta
(영문) 춘천지방법원 강릉지원 2019.10.18 2019고단990

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 of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On September 17, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On July 21, 2019, the Defendant was under the influence of alcohol of 0.190% of blood alcohol concentration at around 22:16, the Defendant driven the Esch Rexton car volume at a section of approximately 500 meters from the river near the Gangseo-si Bel to D located in Gangseo-si C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previouss before and after judgments: Criminal history records, reply reports (verification of the same type of investigation records), application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (the execution of imprisonment shall be suspended on condition of probation and community service, in consideration of favorable circumstances such as the immediately stopping after an accident and dealing with accidents, and subscription to comprehensive insurance);

1. Probation and community service order under Article 62-2 of the Criminal Act;