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(영문) 춘천지방법원 영월지원 2019.09.10 2019고단220
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal power] The Defendant was sentenced to a fine of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Gangnam Branch of the Chuncheon District Court on October 15, 2007, and a fine of KRW 700,000 for the same crime from the Chungcheong Branch of the Cheongju District Court on August 10, 2012.

【Criminal Facts】

On May 15, 2019, at around 23:30, the Defendant driven a F Lastren car at approximately 100 meters away from the parking lot adjacent to the ‘C Bank in Gangwon-si B' to the front road of the ‘E in D' in the same time, while under the influence of alcohol content of 0.152%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Inquiry records into criminal records, investigation reports (verification of the same attached records), and application of two copies of judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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 for not less than six months up to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.152%.

In 207 and 2012, the defendant has been punished twice by a fine for the crime of drinking alcohol driving, and has been punished by a majority of other crimes.

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) various sentencing conditions shown in the records and arguments of this case

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