(영문) 춘천지방법원영월지원 2020.11.20 2020고단482

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원영월지원 2020.11.20 2020고단482

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

On June 20, 2006, the Defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court on June 20, 2006, and was sentenced to a fine of 1,50,000 won for the same crime in the same support.

On September 16, 2020, at around 15:15, the Defendant driven a DNA straw with 00m alcohol concentration at approximately 0.124% while under the influence of alcohol at approximately 400 meters from the front of the Gangwon-gun B, Gangwon-do to the front of the entrance of the same military C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, a survey report on actual condition, and notification of the results of the drinking driving control;

1. The results of inquiry and the application of the summary order 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 vehicle at approximately 400 meters while drunk with a blood alcohol concentration of 0.124%.

The defendant has been punished for a fine of KRW 500,00 for a drunk driving in 2006 and a fine of KRW 1.5 million for a drunk driving in 2007.

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) the various sentencing conditions shown in the records and arguments of

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