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(영문) 춘천지방법원 영월지원 2019.10.29 2019고단382
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two 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] On December 7, 2015, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the office of the Youngcheon District Public Prosecutor's Office, which received a summary order of KRW 4 million for the same crime from the general military court of the waterworks branch on April 10, 2018.

【Criminal Facts】

On July 27, 2019, at around 07:17: 07:17, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.223% from a section of approximately 1.8 km to the front road of the Gangseo-gu Station, the dong Station, which is located in the same Eup/Myeon Station B, on the front road in the same Eup/Myeon Station.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Notice of the results of the crackdown on drinking driving, the inquiry of the results of the crackdown on drinking driving, and the handling of reported cases;

1. A previous conviction: An inquiry report, a written decision not to prosecute, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

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 sentences: Non-application of the sentencing criteria.

3. The Defendant, who was sentenced, driven a car at 1.8 km while under the influence of alcohol with a blood alcohol content of 0.223%.

In 2015 and 2018, the defendant has a record of being sentenced to suspended indictment once and sentenced to a fine once due to drinking driving.

The punishment as ordered shall be determined by taking into account the following factors: the blood alcohol concentration and driving distance of such accused, the details of the previous punishment records and the distance thereof, and the age and character of the accused, personality and conduct, family relationship, motive and means of the offense, circumstances after the offense, etc., and various sentencing conditions shown in pleadings.

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