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(영문) 춘천지방법원원주지원 2020.09.10 2020고단588

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 December 10, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the original state branch of the Chuncheon District Court on December 10, 2007, and a summary order of KRW 1.5 million for the same crime at the same court on October 20, 2017.

【Criminal Facts】

On May 25, 2020, at around 21:08, the Defendant driven a F coos car in the state of alcohol alcohol concentration of 0.061% without obtaining a driving license from the front of the “C cafeteria” road located in the original city B to the front of the E-Gu store located in the same city D.

As a result, the Defendant violated the regulations on the prohibition of drunk driving at least twice, and simultaneously drive without a license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiries into the A driver's license register, etc. of notification of drinking driving control;

1. Records of judgment: Application of criminal records, reply reports (A) and investigation reports (verification of records of the same type of crime) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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.

Defendant has been punished for three times due to drinking driving.

This situation is the age, character and behavior of the defendant.