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춘천지방법원 2019.07.16 2019고단366
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On July 19, 2010, the Defendant was sentenced to a summary order of a fine of two million won at the Chuncheon District Court on the violation of the Road Traffic Act (driving). On October 4, 2010, the Defendant issued a summary order of a fine of four million won at the Chuncheon District Court on the violation of the Road Traffic Act (driving). On May 11, 2012, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (refluence of noise measurement). On June 21, 2017, the Defendant completed the execution of the sentence by the original prison on April 5, 2018.

[Criminal Facts of crime] On April 2, 2019, the Defendant driven a D L-Wing car from around about 25 km to the front road of the Gangwon-do Seoul Apartment-gun, Gangwon-do, Gangwon-do, while under the influence of alcohol at around 0.110% of blood alcohol concentration on April 2, 2019.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation are as stated in the judgment of the court below. The defendant has a variety of driving skills on drinking, as stated in the judgment, and the conditions of sentencing, such as the time of driving immediately before and after the punishment was imposed, the defendant's age, environment, family relationship, health status, and circumstances after the crime, shall be comprehensively considered.