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(영문) 춘천지방법원 영월지원 2020.02.18 2019고단569
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 Power] The Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Cheongju District Court Support on December 7, 2012.

【Criminal Facts】

On November 16, 2019, at around 22:34, the Defendant driven a f X-ray car at approximately 31.4km from the Do in front of Gangwon-gun D to the front road located in Young-gun D, Gangwon-gun, while under the influence of alcohol content of blood 0.034%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, photograph, notification of the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car around 31.4 km while under the influence of alcohol with a blood alcohol content of 0.034%.

In 200 and 2012, the Defendant has been punished twice by a fine for drunk driving.

The punishment as ordered shall be determined by comprehensively taking into account the records and arguments of this case, such as the blood alcohol concentration, driving distance, and the age, character and conduct, family relationship, motive and means of a crime, and circumstances after a crime.

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