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(영문) 춘천지방법원 영월지원 2019.05.14 2019고단25
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 1, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on December 1, 2014, and on July 20, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

At around 08:20 on November 1, 2018, the Defendant driven a DNA cargo vehicle under the influence of alcohol content of about 1 0.051% from a section of about 1km from the front of the construction site to the front line of the front line of the Eup in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and field photographs;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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;

1. The scope of punishment by law: Imprisonment for six months to one year and six months;

2. No sentencing criteria shall be set;

3. The Defendant, while under the influence of alcohol content 0.051%, driven a cargo vehicle with approximately 1 km.

The defendant has been punished for the violation of the Road Traffic Act in 2014 and 2017.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.

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