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(영문) 춘천지방법원 강릉지원 2020.04.21 2020고단99
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 29, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 2.5 million with a fine of KRW 2,50,000 with a fine of KRW 2.5 million with a fine of the same crime from the Young Branch Branch of the Chuncheon District Court on December 22, 2008.

【Criminal Facts】

At around 14:00 on December 25, 2019, the Defendant driven an Eststren vehicle under the influence of alcohol content of about 0.170% from the 5.6km section to the Cirst Ddong parking lot.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, investigation reports (report accompanied by a written judgment and a copy of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself, and requires strict punishment. The defendant, even though having been subject to four times or punishment due to drinking driving prior to the instant case, has a record of driving under the influence of drinking prior to the instant case, he/she is expected not to drive under the influence of drinking again while he/she seriously reflects his/her mistake: The defendant's age, character and behavior, environment, circumstances of the crime, circumstances after the crime, and other various sentencing conditions shown in the instant records and arguments shall be determined as the disposition.

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