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(영문) 춘천지방법원 강릉지원 2020.02.06 2019고단1308
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

[Criminal Power] The Defendant is a person who received a summary order of KRW 5 million on August 20, 2008 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On August 15, 2019, at around 03:01, the Defendant driven D Lasty Habrid car in the state of alcohol alcohol concentration of about 0.174% from a distance of about 5 km to the ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The drinking driving requires a strict punishment as well as his/her own offense which is highly likely to cause harm to another person's life and body, and even if the Defendant had been punished twice due to drinking driving prior to the instant case, he/she is more favorable to the fact that he/she has been sentenced to a fine twice due to drinking driving: The Defendant is willing not to drive under drinking again while he/she seriously reflects his/her mistake; further, the Defendant's age, character and behavior, environment, circumstance of the crime, circumstances after the crime, etc. shall be determined by taking into account various sentencing conditions as stated in the instant records and arguments.

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