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(영문) 춘천지방법원 영월지원 2019.05.14 2019고단44
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 9, 2013, the Defendant was sentenced to a summary order of seven million won by a fine for a violation of the Road Traffic Act, and on September 23, 2016, the Defendant was sentenced to a summary order of three million won by a fine for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on September 23, 2016. On November 22, 2016, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) from the Young-gu District Court’s Young-gu Branch on September 16, 2017, which became final and conclusive on September 16, 2017.

On December 20, 2018, around 15:25, the Defendant driven an Egypt Z in the state of alcohol alcohol concentration of about 0.149% from the 1km section to the front road of the same time as the “C Taekwondo Bag” on the roads from the front of the Da apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

1. Six months to one year and six months of imprisonment with prison labor within the applicable range;

2. The sentencing guidelines are not set in the range of recommending sentencing. 3. The Defendant, who was found to have driven a 1 km car while under the influence of alcohol with a blood alcohol concentration of 0.149%.

The Defendant was sentenced to three times a fine due to the crime of drunk driving in 2004, 2013, and 2016, and was sentenced to ten months of imprisonment and two years of suspended execution in 2016.

The records and arguments of this case, such as blood alcohol concentration, driving distance, distance from previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime, are shown.

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