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(영문) 춘천지방법원 영월지원 2020.04.21 2019고단605

도로교통법위반(음주운전)

Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, for a period of four 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 a fine of KRW 4 million on September 23, 2016 at the Youngcheon District Court’s Young-gu Branch on September 23, 2016, as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 26, 2019, at around 11:18, the Defendant driven a gallon with a gallon, while under the influence of alcohol concentration of approximately 150 meters from the 150-meter section from the parking lot for the D cafeteria B, Gangwon-gun, to the front parking lot for the D cafeteria C, with a blood alcohol concentration of about 0.08%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, a field photograph, a report on the results of the control of drinking driving, a report on the circumstantial statement of a drinking driver, an investigation report, a report on the control of drinking driving, an inquiry into the results of the control of drinking driving, and a written statement of the occurrence of a

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend lectures or order to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who determined the sentence, driven a car around 150m while under the influence of alcohol with a blood alcohol content of 0.088%.

In addition, the defendant was punished by imprisonment with prison labor for 70,00 won for a fine of 700,000 won for a drunk driving in 2001, a fine of 1,000,000 won for a drunk driving in 202, and a traffic accident that occurred during drinking and without a license on March 4, 2003, 2 years of suspended execution in August, 200, and 8 months of imprisonment with prison labor for a crime that has escaped while causing a traffic accident during drinking and without a license on November 11, 2003, and 200,000 won for a crime of non-licenseing and refusing to take a drunk driving in 207 and a fine of 4,00,000 won for a drunk driving in 2016