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(영문) 춘천지방법원 2020.04.08 2019고단1110
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than 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] On January 30, 2008, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Chuncheon District Court. On September 5, 2014, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act. On December 17, 2015, the same court was sentenced to a suspended sentence of KRW 1 year and 6 months for a violation of the Road Traffic Act.

【Criminal Facts】

On October 27, 2019, at around 16:21, the Defendant, while under the influence of alcohol of 0.24%, driven an Estststun car owned by D from around 1.4km to the front road of C from around 1.4km around her dwelling place in Gangwon-do, Gangwon-do.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

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

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of anti-presidential records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures have been subject to criminal punishment for four times due to drinking alcohol driving or refusing to measure drinking, and the defendant's blood alcohol concentration is not good and the defendant's blood alcohol concentration is very high.

However, the fact that the defendant's mistake is divided and again is expected not to drive under the influence of alcohol, that the crime of this case is limited to a simple driving under the influence of alcohol and that no more serious result has occurred, that the two times of the same kind of crime of this case is up to 2008, that there is no criminal record that the defendant has been punished as a sentence, that there is no criminal record that the defendant has been punished as a sentence, and that the age, character, character, intelligence and environment of the defendant, and the age of the defendant.

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