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(영문) 춘천지방법원 2018.11.28 2018고단928

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On August 9, 2018, at around 23:57, the Defendant driven a car from the entrance of a frighter frighter in Chuncheon City master’s zone to the apartment underground parking lot of approximately 5km in approximately 0.202% alcohol concentration in blood at around 0.202% under the influence of alcohol at around 108.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to inquiries into the actual condition survey report, field photographs of drinking accidents, CCTV video CDs of apartment CCTV, photographs to capture CCTV images, the circumstantial statements of drivers taking the main driving, and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the community service order, and the order to attend a lecture, is a traffic accident in 2016, and the Defendant committed the instant crime in 2018 without being aware of the fact that he had been punished by each fine due to drinking driving in 2017, which was not long thereafter. At the time of the instant crime, the Defendant’s blood alcohol concentration is very high, and the Defendant was a high alcohol concentration at the time of driving under the influence of alcohol in 2017, and the Defendant committed an accident at the time of the instant crime, which is disadvantageous to the Defendant.

However, the fact that the defendant shows the appearance of recognizing and opposing the crime of this case, the defendant has no record of criminal punishment other than the past criminal records, and the defendant will not be able to do so in the future.

The fact that the defendant's parents (the defendant is still a student attending a university) are able to nurture the defendant by making his/her best effort, etc. shall be considered as factors of sentencing favorable to the defendant, and the age, sex, environment, and environment of the defendant.