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(영문) 춘천지방법원 2020.10.28 2020고단866

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 October 12, 2006, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Chuncheon District Court on February 21, 2008, and on February 21, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving). On January 29, 2010, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (driving) at the Jungcheon District Court on September 2, 201, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Jungcheon District Court on September 2, 2016.

【Criminal Facts】

On July 5, 2020, around 02:54, the Defendant driven a F K-5 car from approximately 30 meters section to the front road of “E convenience store” located in Switzerland-si B from the front of the “Crost” in Chuncheon-si, 0.192% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and inquiry into the results of crackdown on drinking;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 the order to provide community service and attend lectures is that the defendant has been subject to criminal punishment for four times due to drunk driving, including his previous convictions, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, it appears that the defendant will not drive under the influence of alcohol in the future, etc., and the distance of the defendant's driving is relatively short, and traffic accidents have not occurred due to the crime of this case, and counseling treatment for the owner of gold after the crime of this case is conducted by the defendant.