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(영문) 춘천지방법원원주지원 2020.08.20 2020고단502

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

[Criminal Power] On March 4, 2019, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On April 9, 2020, at around 03:07, the Defendant driven a DNA car while under the influence of alcohol with approximately 0.092% alcohol concentration from the 1km section of approximately 1km to the roads of the Gangwon District Headquarters of the Korea Gas Corporation, which is located in 423 a short-term city, from the front of the Hanwon District Headquarters of the Republic of Korea.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Records of judgment: Criminal history records, inquiry report (A), investigation status (Attachment of a report on a case of driving under the same kind of suspect), application of statutes of judgment;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

Defendant has a record of being punished for drunk driving.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.