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(영문) 춘천지방법원 강릉지원 2020.07.24 2020고단252
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On November 9, 201, 201, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Gangnam Branch Branch of the Chuncheon District Court. However, around February 17:30, 2020, the Defendant driven a f bargaining car at approximately 10km while under the influence of alcohol 0.124% from the vicinity of the C Partnership located in Gangnam-si B to the vicinity of the oil station located in Gangnam-si, Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The actual survey report and on-site photographs;

1. Previous conviction: Application of a copy of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not low and the distance of driving is not shorter than the distance of the defendant, that the defendant caused an accident that damages a central separation unit while driving under drinking, that the defendant was punished by drinking up to six times, and that the defendant was punished by a suspended sentence for causing a traffic accident while driving under the influence of alcohol, and that the defendant was punished by a suspended sentence for causing another person to cause a traffic accident during driving under the influence of alcohol, it is deemed necessary to prevent the occurrence of danger to the life or body of another person due to the recidivism of the defendant, and thus, the sentence of imprisonment with prison labor is imposed.

However, the period of punishment shall be determined as per the order within the scope of mitigation of statutory punishment, considering the fact that the defendant led to the crime and misunderstanding is divided, and that a considerable period of time has elapsed from the last same kind of crime, under the favorable circumstances to the defendant.

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