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(영문) 춘천지방법원 강릉지원 2020.03.26 2019고단1464
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On February 15, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Youngcheon District Court’s Young-gu branch on February 15, 2008; on February 6, 2009, the Defendant was issued a summary order of KRW 1.5 million for the same crime; on April 11, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act.

【Criminal Facts】

On November 7, 2019, at around 04:24, the Defendant driven a e-motor vehicle while under the influence of alcohol leveling 0.184% in the section of approximately 300 meters from the 300-meter distance from the Drown-si Baki to the front road.

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. 112 Reporting case management table;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of records of drinking driving to A of a suspect), investigation reports (report attached to the judgment, etc. of the suspect's same kind of power) 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: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the Defendant is subject to strict punishment; the Defendant, prior to the instant case, has been subject to a fine twice due to drinking driving; the Defendant has been subject to suspended sentence of imprisonment; and the Defendant’s blood alcohol concentration was very high at the time of the instant case: The circumstances favorable to the fact that the Defendant was aware of the Defendant’s commission of the crime, which reflects his/her mistake: the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, and other various sentencing conditions indicated in the instant records and arguments, shall be determined as ordered by the disposition.

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