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(영문) 춘천지방법원 강릉지원 2020.01.21 2019고단1321
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On November 6, 2009, the Defendant was issued a summary order of KRW 1.5 million at the Seoul Central District Court for a crime of violation of the Road Traffic Act. However, on October 25, 2019, the Defendant driven the DPoter, clibbbbs, which are owned by the Defendant under the influence of approximately 10km in the section of about 10km from around 14:06 to the front road of the city bus stop located in Gangseo-si, Chungcheongnam-si, Chungcheongnam-si.

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

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: A heavy punishment is required for a crime that is highly likely to cause harm to the life and body of others as well as his/her own; the Defendant has been punished three times prior to the instant case, and the Defendant has been sentenced to a suspended sentence of imprisonment, even though he/she had the history of having been sentenced three times prior to the instant case, and the Defendant has been subject to a suspended sentence of imprisonment: The Defendant’s mistake is against his/her own mistake; the Defendant’s age, character and behavior, environment, details of the relevant crime, circumstances after the crime, and other various sentencing conditions shown in the instant records and arguments shall be determined as ordered

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