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(영문) 춘천지방법원 2020.11.25 2020고단1052

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 14, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 18, 2020, at around 00:22, the Defendant driven Cschnton car at approximately 100 km from the Do near the Hanyang-gun B market to the roads in front of the NamcheonTol in the military where the movable property of Chuncheon is located, from the Do near the Hanyang-gun B market.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, investigation report, and investigation report (to hear statements of a suspect related to the distance of sound driving);

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

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

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 on the order to provide community service and attend lectures was that the Defendant had been subject to criminal punishment on three occasions due to drunk driving, but is highly likely to cause large-scale accidents. The nature of the crime is not good, the Defendant's blood alcohol concentration level is considerably high, and the driving distance is also driving distance.

However, considering the fact that the defendant has divided his mistake and again is expected not to drive under the influence of alcohol, the occurrence of traffic accidents due to the crime of this case has not occurred, the criminal records related to driving under the influence of alcohol was punished by a fine until 2009, all of the criminal records related to driving under the influence of alcohol have been punished by a fine until 209, and the criminal records subject to punishment by the defendant have no criminal records.

The age, character and conduct, intelligence and environment, family relationship, and at the time of the crime.