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(영문) 춘천지방법원 원주지원 2019.07.10 2019고단408

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

On December 15, 2009, the Defendant was issued a summary order of KRW 4 million by the same court as a fine for the same crime in the original branch of the Chuncheon District Court on December 15, 2009.

On April 16, 2019, around 00:59, the Defendant driven a DNA car while under the influence of alcohol leveling 0.137% at approximately four meters in the 3rd parking lot located in the Won-si.

As a result, the defendant, who has been punished for drunk driving not less than twice, was driving under drinking again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person (E);

1. Notification of the results of the drinking driving control, traffic accident report, inquiry report on the request for appraisal, and each investigation report;

1. Application of statutes concerning criminal records;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Article 62(1) of the Criminal Act (Article 62(1) of the Suspension of Execution (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is heavy in light of drinking and drinking, etc., but there are no criminal records of a stay of execution or more, the defendant does not have any criminal records of a stay of execution or more, the defendant is able to repent his fault in depth, and the detention of the defendant entails excessive difficulty for his dependants, and taking into account all circumstances such

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;