(영문) 춘천지방법원영월지원 2020.11.20 2020고단484

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원영월지원 2020.11.20 2020고단484

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

On May 15, 2015, the Defendant was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on May 15, 2015.

On September 8, 2020, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of about 0.138% at the section of approximately 12 km from the Do in front of Gangnam-si B to the front road of the Young-dong Highway in the same city D from the Do in front of the Dong Highway in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. List of notification of the results of the drinking driving control, inquiry of the results of the crackdown on drinking driving, and handling of reported cases;

1. The results of inquiry and the application of the 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. 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, who was sentenced, driven a vehicle about 12 km while drunk with a blood alcohol concentration of 0.138%.

The defendant has a record of being punished for a fine of five million won for a drunk driving in 2015.

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

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