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(영문) 춘천지방법원 강릉지원 2020.05.28 2020고단266
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 April 20, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On March 6, 2020, at around 14:20, the Defendant driven a car under the influence of alcohol concentration of about 0.175% from the 3.9km section to the parking lot for the high-class complex of the D Association located in Gangseo-si, Gangnam-si, the Defendant driven a car.

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. 112 Reporting case management table;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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.: A heavy punishment is required for a crime that may cause harm to the life and body of others as well as his/her own. A more severe punishment is required for the Defendant prior to the instant case, even though he/she had been punished three times by a fine due to drinking driving and refusal to measure drinking prior to the instant case, the circumstances favorable to the Defendant: (a) the Defendant recognized his/her criminal act; (b) is against his/her mistake; and (c) he/she again is expected not to drive drinking again, such as entrusting the sale of the vehicle possessed by the Defendant; and (d) the Defendant’s age, character and conduct, background of the crime, circumstances after the crime, etc., and the various sentencing conditions specified in the instant records and arguments,

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