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(영문) 춘천지방법원 영월지원 2019.10.01 2019고단310
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment 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 5 million at the Seoul Southern District Court on September 23, 2016 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 30, 2019, the Defendant was under the influence of alcohol with 0.258% of blood alcohol concentration around 17:32 on June 30, 2019, and the Defendant was driving a CKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control and field photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of the judgment;

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. 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 a period of one year to two years;

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 0.258%.

On October 1, 2008, the Defendant was punished for a fine of KRW 700,00 for a drunk driving and a fine of KRW 5 million for a drunk driving on September 23, 2016.

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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