(영문) 춘천지방법원영월지원 2020.10.16 2020고단373

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원영월지원 2020.10.16 2020고단373

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

At around 22:00 on August 2, 2020, the Defendant driven a F Sti-type vehicle under the influence of alcohol concentration of approximately 0.203% from the Do in front of the C Community Center, which is located in Gangnam-gun B, to the Do in front of the same military D apartment E-dong, for approximately 3.8km.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on the situation of running a motor vehicle under the influence of alcohol, investigation report, the circumstantial statement of a motor vehicle under the influence of alcohol drivers, notification of the results of the control of drinking alcohol drivers, field photographs, records of handling 112 reported cases, CCTV image-fix photographs and the Acts and subordinate statutes governing the guidance of mobile sections;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 for orders to attend lectures and orders to provide community service;

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, while under the influence of alcohol content 0.203%, driven approximately 3.8 km in a breath alcohol level.

The defendant has a record of being punished for a fine of one million won due to drinking driving in 2005.

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

참조조문

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제1호

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