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(영문) 춘천지방법원 원주지원 2021.03.25 2020고단879

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

[criminal record] On January 27, 2014, the Defendant received a disposition to forward juvenile protection cases at the original branch office of the Chuncheon District Public Prosecutor's Office on December 10, 2013 and on December 29 of the same month as a violation of Road Traffic Act (drinking) and a violation of Road Traffic Act (drinking).

[2] On June 27, 2020, the Defendant driven an E-car in the state of alcohol alcohol concentration of approximately 0.237% from around 600 meters to the road in front of the D apartment house set on the roads near C, which are located in Won-si, Seoul, Seoul, and around 02:59, while under the influence of alcohol concentration of about 0.237%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous conviction on the ruling of the result of regulating drinking driving: Application of Acts and subordinate statutes, such as a written inquiry about criminal history and the same electricity;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant was subject to a protective disposition due to drinking driving, and the blood alcohol concentration is very high at the time of committing the instant crime, and the circumstances after committing the instant crime are poor, such as making false statements at an investigative agency.

Provided, That there is no record that the defendant is against himself and has been punished in excess of the fine.

In such circumstances, the defendant's age, sex, family relationship, environment, and circumstances after committing the crime of this case shall be determined as ordered in consideration of various sentencing conditions shown in the trial process of this case.