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(영문) 춘천지방법원 강릉지원 2020.01.09 2019고단1267
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

[Criminal Power] On April 23, 2012, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court.

【Criminal Facts】

On November 3, 2019, around 20:0, the Defendant driven a F Lasta car in the state of alcohol alcohol concentration of about 0.212% in the 3km section from the C parking lot in C, which was located in C, to C, and from C, to D, D, E, Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (reports accompanied by summary orders of the same kind of force of a suspect);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant has the history of having been punished once before the instant case; the Defendant has been engaged in driving under the influence of alcohol; the Defendant’s blood alcohol concentration was very high at the time of the instant case: The Defendant’s perception of the Defendant’s crime; the Defendant reflects his/her mistake; the Defendant again would not drive under the influence of alcohol; and the Defendant’s age, character and conduct, background of the crime, circumstances after the crime, etc.; and the various sentencing conditions specified in the instant records and arguments are considered.

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