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(영문) 춘천지방법원 강릉지원 2019.05.17 2019고단151

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

[criminal power] On August 5, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court. On June 30, 2010, the Defendant received a summary order of KRW 3 million for the same crime at the same court.

【Criminal Facts】

On November 14, 2018, the Defendant driven a DNA cargo vehicle with approximately 100 meters alcohol concentration of about 0.271% while under the influence of alcohol from around 14:55 to around 3, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. A written appraisal;

1. Previouss before and after judgments: Criminal records, repeated statements (proving the same type of investigation report (verification twice the same type of investigation records) - Application of Acts and subordinate statutes);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant was punished twice as a fine for drunk driving, but he also caused a traffic accident while driving under the influence of alcohol.

However, in light of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, conduct, environment, health condition, circumstances leading to the crime, means and result, the probation and the execution of imprisonment is suspended on condition of social service.