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(영문) 춘천지방법원속초지원 2020.11.18 2020고단1

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

At around 00:25 on November 19, 2019, the Defendant driven C rocketing car under the influence of alcohol content of about 1.5 km from the front of the 119 Domini Domini Doctri-dong, Cheongho-dong, Cheongho-dong, to the front of the 00:30 on the same day, at approximately 1.5m from the 1.5m section, to the front of the Domini Doctri-si, Cheongsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs of drinking accidents, notification of results of the regulation of drinking driving, circumstantial statements of drinking drivers, investigation reports (report on the circumstances of drinking drivers), and photographs verifying site of accidents;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant's mistake in sentencing Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order is recognized.

However, the defendant has been punished for the same crime, and has committed the crime of this case during the suspension period of the execution of imprisonment.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the punishment shall be determined as ordered in consideration of the circumstances of sentencing, such as the background of the crime, the blood alcohol concentration of the defendant at the time of the case, and the circumstances after the crime.