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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단903
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On March 7, 2014, the defendant issued a summary order of a fine of three million won by the Chuncheon District Court due to the violation of the Road Traffic Act.

On August 9, 2019, around 01:27, the Defendant driven an Eststren vehicle while under the influence of alcohol leveling 0.193% from the front road in the Hanju-si B to the front road in the same city D.

As a result, although the defendant had a record of punishment for drinking driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the result of the drinking driving control;

1. Records of judgment: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (a letter of inquiry, confirmation of the same kind of power, Chuncheon district court 2014 high-level 174 summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 142-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

Defendant driven under the influence of alcohol of 0.193%, and was straight from the intersection to the intersection, thereby damaging the facility.

(A) A vehicle driven by a defendant is covered by a comprehensive motor vehicle insurance, and this part has not been prosecuted. favorable circumstances: the defendant does not have any other criminal records except that he/she has been sentenced to a fine once due to drunk driving.

Defendant reflects the instant crime.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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