beta
(영문) 춘천지방법원원주지원 2020.08.20 2020고단507

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] The Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court on March 10, 2017.

【Criminal Facts】

At around 02:00 on April 27, 2020, the Defendant driven a motor vehicle with d'hurburturgn in the state of alcohol concentration of about 0.22% in the section of about 300 meters from the original city B apartment to the same city C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Criminal history records, reply reports (A), investigation reports (verification reports on the same kind of power), and application of Acts and subordinate statutes of Part I of the summary name order;

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.

At the time of the defendant's drunk driving, blood alcohol concentration was very high to 0.22%.

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.