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(영문) 춘천지방법원 2020.11.12 2020고단868
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On July 18, 2020, the Defendant, while under the influence of alcohol on July 15, 2020 on July 18, 2020, driven by the Defendant, from the Defendant’s residence located in Hongcheon-gun B, Gangwon Hongcheon-gun, to the “D” located in the Defendant’s residence of Hongcheon-gun-gun, the Defendant driven again, from approximately 3km to the said residence, the E-wing three truck of KRW 3km.

2. On July 20, 2020, the Defendant (criminal record) committed a crime on July 20, 2020, committed a violation of the Road Traffic Act (driving on July 18, 2020) with respect to the criminal facts driven under the influence of alcohol 0.264% by blood alcohol concentration.

【Criminal Facts】

On July 20, 2020, the Defendant driven the above cargo at approximately 8.5 km from the front of the Hancheon-gun Hongcheon-gun F to the front of G, while under the influence of alcohol at around 09:40% of blood alcohol concentration.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the arrest report of each of the accused's statutory statements, the notification of the results of the drinking driving regulation as well as the report on the circumstantial statement of each drinking driver on the 112 report handling

1. Relevant legal provisions concerning facts constituting an offense, Article 148-2 (1) of the Road Traffic Act (the point of driving under paragraph (2) at the time of the market), and paragraph (3) 1 of the same Article (the point of driving under paragraph (1) at the time of the market), and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasoning of sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the defendant has repeatedly driven under the influence of alcohol in a short period, each of the blood alcohol concentration of this case is considerably high, but the defendant has no criminal records prior to the instant case, the personal physical damage was not caused due to the instant case, and all of the sentencing conditions, including the defendant's age and environment, are considered.

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