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(영문) 춘천지방법원 2020.10.07 2020고단790
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On April 9, 2013, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act, and a fine of KRW 4 million as a same crime in the same court on September 12, 2016.

At around 01:40 on June 23, 2020, the Defendant driven F Ecoos vehicle at a section of about 11 meters from the vicinity of the Ccrogate located in Chuncheon City B to the front of the “E” located in D in the same city, while under the influence of alcohol of 0.181% of blood alcohol level.

Summary of Evidence

1. Reports on internal statements made by defendants inside the court (the distance of damaged vehicles and drunk driving vehicles, etc.) and investigation reports (related to driving under the influence of a suspect);

1. A traffic accident report (1) (1) (1) (2) (2) (2) (2) (3) (3) (3) (4) (4) (4) (4) (4) (4)) (1), 1.

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture, despite the fact that the defendant had been subject to criminal punishment twice due to drunk driving, causes a traffic accident that leads to the parked vehicle while driving at the same time, and the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, considering the fact that the defendant's failure to drive itself in the future and the fact that there is no other criminal record except the criminal record in the decision that the defendant has been punished as a fine, etc.

In addition, considering the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of the crime, the punishment as ordered.

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