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(영문) 춘천지방법원강릉지원 2020.12.11 2020고단897

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and three 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 April 12, 2017, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on April 12, 2017. However, around September 23:37, 2020, the Defendant driven DK5 car under the influence of alcohol level of KRW 0.183% in the front of the B in the East Sea, from September 23:37, 2020 to the front of the intersection in the East Sea, while under the influence of alcohol level of KRW 6.7m in the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, inquiry of results of the control of drinking driving and application of Acts and subordinate statutes to investigation reports (report on the same kind of power);

1. Relevant statutory provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (or choice of imprisonment, taking into account the criminal records of the same kind of crime as the personal records of the accused), discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 53 and Article 55 (1) 3 of the Criminal Act (Article 148-2 (1) and Article 14 (1) of the

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the suspension of execution on the condition of taking probation and compliance driving lectures, in consideration of the grounds for reduction);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act concerning probation and education;