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(영문) 춘천지방법원 2020.04.28 2020고단50

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 Nov. 4, 2009, the Defendant made a confession of a fine of KRW 2,500,000 (see, e.g., records) for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court on Nov. 4, 2009. Thus, the Defendant is obliged to make an additional statement on the same part as “(see, e.g., the page of the evidence record)” on the same part as the evidence for reinforcement.

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and that it does not result in the change of the subject matter of the trial by the court.

In the same support on November 16, 2009, a fine of 2,000,000 won (see, e.g., evidence No. 38 pages), a fine of 4,00,000 won (see, e.g., evidence No. 34 pages), and a fine of 7,00,000 won (see, e.g., evidence No. 32 of the record) was issued by the Chuncheon District Court on February 23, 2012.

Criminal facts

Around 01:00 on January 8, 2020, the Defendant driven a EKaf II motor vehicle over a section of about 500 meters in front of the Chuncheon-si Drown Road located in Chuncheon-si B while under the influence of alcohol by 0.122% (see, e.g., evidence record 8).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and Acts and subordinate statutes attached to a summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is several times as stated in the above summary order.