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(영문) 춘천지방법원 2019.07.04 2019고단472
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

On April 4, 2019, at around 04:20, the Defendant driven a DNA car from approximately 400 meters from the front day of the influent drinking house in Chuncheon City to the front day of C in the same city, while under the influence of alcohol of 0.23% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, on-site map, on-site photograph, consent to blood collection, written verification of blood alcohol, and notification of the results of crackdown on drinking driving;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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 rationale for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in the circumstance favorable to the defendant, such as the defendant's attitude that the defendant seems to reflect on his/her criminal act.

However, even though there was a criminal history that was punished by a fine for 2013 due to drunk driving, the Defendant is also running a drunk driving, the occurrence of heavy traffic accidents that shock the central separation zone, and the blood alcohol concentration was relatively high to 0.223%, which are disadvantageous to the Defendant.

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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