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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단862
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On August 18, 2019, the Defendant, while under the influence of alcohol of 0.197% with blood alcohol concentration at around 17:30 on August 18, 2019, driven the F-wing F-F-F-F-F-F-F-F-F-F-W-C-W-W-W-C-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 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. In light of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to serious social harm caused by drinking-driving and changes in the legal sentiment of the general public, etc., the crime of drinking-driving is in need of strict punishment.

Defendant driven under the influence of alcohol of 0.197%, and has caused traffic accidents.

(Real damage part is not prosecuted because the vehicle operated by the defendant is covered by the motor vehicle comprehensive insurance). The defendant has the history of punishment for the same kind of crime in the past.

A favorable circumstances: The defendant is endeavoring to prevent recidivism by disposing of the vehicle, etc., against the crime of this case.

The defendant has no record of being sentenced to imprisonment with prison labor or heavier punishment due to the same crime, and a considerable time has passed since he was punished for drinking driving.

A relatively short distance has been driven by the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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