beta
(영문) 춘천지방법원 2020.06.18 2020고단210

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2011, the Defendant was sentenced to a fine of two million won in the Chuncheon District Court for a crime of violation of the Road Traffic Act (driving). On April 27, 2015, the Defendant was sentenced to a fine of three million won in the same court.

On February 15, 2020, the Defendant driven a B liquid cargo vehicle at a section of about 1 km from the front of a natural recreational forest (Sacheon Forest) located on the face of Chuncheon movable property to the front of the luminous ginseng located in the same city located in the luxeg of the city from the front of the natural recreation forest (Sacheon Forest) to the front of the luxular street in the same city, while under the influence of alcohol concentration of 0.163%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Investigation report (related to the input of errors in the quantity measured by noise);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. 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, including the fact that the blood alcohol concentration of the instant case is high, that two times before drunk driving and that 112 was controlled by the 112 Report while diving the signal atmosphere: Provided, That the punishment shall be determined as ordered in consideration of all the sentencing conditions, including the fact that the instant crime does not cause personal and material damage.