beta
(영문) 춘천지방법원 2020.05.27 2020고단241

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 August 17, 2011, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Seocho District Court’s Seocho Branch.

【Criminal Facts】

Around 23:20 on January 27, 2020, the Defendant driven a Cgallon 2 B-house car at a section of 5.5 km up to the parking lot in both Dong-gu, Yangyang-gun, Yangyang-gun, Yangyang-dong, Yangyang-dong, Yangwon-gun, Yangwon-gun, Yangyang-gun, Yangwon-gun, Yangwon-gun, Yangyang-dong, Yangyang-gu, Yangwon

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a driver), internal investigation report (Attachment to photographs of a suspected driver), and internal investigation report (related to receipt of written appraisal of blood alcohol from the suspected victim);

1. Inquiry into the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of sound driving);

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, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

On the other hand, the Defendant sent patrol cars to the police station by telephone in order to resist the police officer’s speech or behavior, etc., which he had been drunkly moving to his residence. However, it is discussed that the police officer, while the police officer was in the state of the Defendant’s possession, he left his match back to the police station and directly driven the police station in a more and more smooth manner. However, considering the social danger and harm of drinking driving threatening the police officer’s life and other person’s body, there are circumstances such as the above assertion.

Even if this can not be considered in light of the circumstances favorable to the defendant.