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춘천지방법원 2019.01.09 2018고단970
도로교통법위반(음주운전)
Text

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

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 July 7, 2018, at around 16:39, the Defendant driven a motor vehicle with a gallon in a state of alcohol concentration of about 0.345% under the influence of alcohol at a section of about 80 meters from the Do in front of the Seocheon-gun B to the roads in front of the same Gun C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes governing the control of drinking driving, a copy of the report on the circumstantial statement of a drinking driver, a criminal investigation report (the investigation of the F counterpart of the case), an investigation report (the place and correction), field drug map, street indication guidance for driving distance, an investigation report (the hearing of reporter E telephone statement) and an investigation report (the trend of blood alcohol concentration of a suspect A) shall apply;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood alcohol concentration is more than 0.345% at the time of committing the instant crime, and the Defendant’s order to keep probation and attend lectures is considerably higher than 0.2% at the lowest blood alcohol concentration in the relevant constituent elements, which is an element of sentencing unfavorable to the Defendant.

However, the fact that the defendant shows his mistake and reflects in this court; the crime of this case is limited to a simple drinking driving, and does not cause a serious result from the crime of this case; the defendant again does not drive under the influence of drinking; there is no record of criminal punishment heavier than the suspension of qualification; and the defendant has no record of criminal punishment more than 10 years prior to the crime of this case since 2005, etc. shall be considered as an element of sentencing favorable to the defendant; and all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are the conditions of sentencing as shown in the argument of this case, shall be considered as the factors of sentencing.

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