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(영문) 춘천지방법원 강릉지원 2020.06.11 2020고단318

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On January 11, 201, the Defendant was issued a summary order of KRW 6 million by the Gangnam Branch of the Chuncheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on November 10, 2008. < Amended by Act No. 817, Nov. 10, 2008>

【Criminal Facts】

On March 18, 2020, at around 23:20, the Defendant driven his own Cbeer or car under the influence of alcohol 0.174% in the section of approximately 4.5km of alcohol alcohol level from the parking lot in Gangnam-si, Seoul-si, to the intersection of 21 in the same city Chang Sea.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. The actual condition survey report and field photographs;

1. 112 Reporting case management table;

1. Investigation report (report on the circumstances of a drinking driver), investigation report (investigation into the time and place of suspect drinking);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records) and statutes;

1. Relevant Articles 148-2 (1) 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself. The Defendant has been punished three times or a fine before the instant case, and the Defendant has been under the influence of driving under the influence of drinking prior to the instant case. The favorable circumstances favorable to the Defendant’s occurrence of a traffic accident at the time of the instant driving under the influence of drinking: (a) the Defendant would not drive under the influence of drinking again against his/her mistake; and (b) the Defendant’s age, character, environment, background of the crime, circumstances after the crime, etc. are shown in the instant records and arguments.