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(영문) 춘천지방법원 강릉지원 2019.09.05 2019고단859

도로교통법위반(음주운전)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 4, 2013, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Youngcheon District Court’s Young Branch’s monthly support, and on May 29, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime.

【Criminal Facts】

At around 21:20 on June 13, 2019, the Defendant driven a F observer car in the state of alcohol alcohol concentration of approximately 0.147% from the 10km section to the front road of the E community hall located in D at the time of March 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (reports accompanied by summary orders of the same kind of force of a suspect);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The drinking driving requires a strict punishment as well as the crime that is highly likely to cause harm to the life and body of others; the Defendant has been punished several times due to drinking driving prior to the instant case, even though he was under the influence of a fine prior to the instant case; the Defendant was driving under the influence of alcohol; the Defendant’s blood alcohol concentration was high at the time of driving under the influence of alcohol; and the Defendant was able to cause a traffic accident involving freight parked due to drinking driving: The Defendant would not drive under the influence of alcohol again while against the instant crime; and the Defendant is punished by a fine.