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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단881
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On July 19, 2013, the defendant was issued a summary order of a fine of KRW 4 million for the violation of the Road Traffic Act in the Chuncheon District Court's original state support.

On July 29, 2019, at around 23:36, the Defendant driven an E-A-hurturd vehicle in the state of alcohol alcohol concentration of about 0.195% at the section of approximately 3.8 km from the road front of the C convenience store in the Namyang-si, Chungcheongnam-si, to the same time as the D’s hotel.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records, reply reports (A), investigation reports (verification of the same kind of force, - Related case list, summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 142-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

The defendant was driven under the influence of alcohol of 0.195%.

The favorable circumstances: The defendant has no record of being punished by imprisonment with prison labor or a heavier punishment in relation to the crime of drunk driving.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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