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(영문) 춘천지방법원강릉지원 2020.10.23 2020고단681

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 20, 2007, the Defendant was issued a summary order of KRW 500,000,000 for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on December 20, 2007. However, around July 24, 2020, the Defendant driven 1 km car under the influence of alcohol level of KRW 0.179% from around B apartment in the East Sea to “D” in the East Sea at the same time.

Summary of Evidence

1. Statement of statement made by the police concerning F of the defendant's legal statement, notification of the result of the drinking operation control, and report on the situation of the drinking driver;

1. Yellow dust survey report, photographs at the scene of the accident, and photographs of CCTV for crime prevention to captures;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) of the same Act concerning criminal facts and the selection of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 and Article 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) shall be taken into consideration that there is no record of the same crime, except for the confession and reflect of

1. Article 62 (1) of the Criminal Act (Subject to community service by repeated consideration of the grounds for reduction);

1. Article 62-2 (1) of the Criminal Act regarding community service order;