beta
(영문) 춘천지방법원 2020.10.14 2020고단836

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

[Criminal Power] On April 26, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act by the Chuncheon District Court.

【Criminal Facts】

On August 2, 2020, at around 07:43, the Defendant driven a B-purd vehicle with the blood alcohol concentration of at least 0.150%, while under the influence of alcohol, from around 2.1km to the front road of the 304 Gudong 304 Gisungdong “Yusan Dok-dong” as the beginning day of the original city from the original city level to the same city level.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports, such as criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

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 under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment once due to drunk driving, even though he had a record of criminal punishment, and the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, considering the fact that the defendant has committed a mistake and again is expected not to drive under the influence of alcohol, and the fact that the defendant has no other criminal record than the previous conviction which was punished as a fine, etc.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.