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(영문) 춘천지방법원 강릉지원 2019.07.18 2019고단573
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 18, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution due to a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on February 18, 2014, and on July 26, 2012, the above court issued a summary order of 7 million won due to a fine for a violation of the Road Traffic Act (driving) and the records of drinking driving are four times in total.

【Criminal Facts】

On May 13, 2019, the Defendant violated two or more regulations on prohibition of driving under the influence of alcohol, and driven a D-to-purd vehicle under the influence of alcohol with a blood alcohol concentration of about 0.174% from around 23:03 meters to the front parking lot of C Hospital at approximately 355 meters from the spring parking lot in the city of Gangseo-si, Gangnam-si, 419-4, at around 28-4, at around May 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement on the circumstantial statement of the employee;

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

1. A criminal investigation report (Attachment to the closure of the screen of the operating distance portal site), and an output of the closure screen of the map;

1. Previous records of judgment: Criminal history records, investigation reports (verification of suspect's history of drinking driving), one written judgment, and two copies of summary order;

1. Relevant statutory provisions on criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act regarding the punishment of sentence: The defendant has already been punished four times due to drunk driving. In particular, around 2014, the defendant committed the instant crime of drunk driving even though he/she was punished by a suspended sentence of imprisonment with prison labor for the crime that has inflicted bodily injury on the victim by causing drinking or a traffic accident without a license and driving without license, while he/she was sentenced to a suspended sentence of imprisonment with prison labor. The circumstances favorable to the fact that the blood alcohol concentration of the defendant at the time of the instant case also increased to 0.174%: The defendant's age, character and behavior, environment, the circumstances of the instant crime, and the circumstances after the instant crime.

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