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(영문) 춘천지방법원 2019.08.29 2019고단599
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 22, 2009, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on October 22, 2009, and on June 16, 2016, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act.

On June 8, 2019, at around 14:52, the Defendant driven a F Sochip car from the front side of the “C” in the Gangwon-gun, Gangwon-gun, Gangwon-do, to the front side of the E Elementary School located in Gangwon-gun D, Gangwon-do, Gangwon-do, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of a drinking driver, investigation report, investigation report, inquiry report on the records of crackdown on drinking driving, criminal history records, inquiry report, investigation report (attached to summary order in the same case), and application of Acts and subordinate statutes governing summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts (the point of running sound driving)

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. shows the defendant's attitude that he/she seems to reflect on his/her criminal act, and the fact that other additional damage is not likely to occur, etc. are favorable to the defendant.

However, the defendant was punished by a fine for driving under the influence of alcohol in 2009 and 2016, and despite the fact that he/she was engaged in driving under the influence of alcohol, he/she is disadvantageous to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.

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