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(영문) 춘천지방법원강릉지원 2020.10.07 2020고단541

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 November 10, 201, the Defendant was issued a summary order of KRW 2,50,00,000 for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on November 10, 201. However, on May 21, 2020, the Defendant driven a F-wing and cargo vehicle of approximately KRW 800 meters while under the influence of alcohol for about 0.113% of blood alcohol level from “C” before the Dong Sea located in B at the same time until the e-mail located in D.

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, the report on the driver's oral statement, the report on the control of drinking driving (Evidence No. 19 No. 5 of the Evidence List), the report on blood alcohol and internal investigation (Application of the F

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1148, Apr. 1, 201; Supreme Court Decision 2009Do1148, Apr.

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;