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(영문) 춘천지방법원 영월지원 2019.09.24 2019고단296
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 record] The defendant is a person subject to juvenile protection and transmission disposition at the Youngcheon District Public Prosecutor's Office of Chuncheon on June 4, 2013 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On June 25, 2019, at around 03:12, the Defendant driven an Erocketing car at a section of approximately 300 meters from the Do in front of the 'C' main point of the Gangwon-si in the Gangwon-do, and from the Do in front of the D Building, while under the influence of alcohol content of 0.213%.

2. On June 25, 2019, at around 21:50, the Defendant driven an E rocketing car from the front Do of the D Building at the time of the Gangwon-do to the front road of the 293 "Sastam State Forest Management Office" located in the 1km section of the 1km, while under the influence of alcohol content of blood 0.079%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on driving under influence of alcohol, a report on the circumstantial statement of each drinking driver, and an investigation report (related to the results of blood collection appraisal);

1. Application of the Acts and subordinate statutes to investigation reports (verification of sound control records) and accompanying documents;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment for a period of one year to three years;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.213% and 0.079%.

The defendant has a record of being subjected to juvenile protection and transmission due to drinking driving.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) various sentencing conditions shown in the records and arguments of this case

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