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(영문) 춘천지방법원 2020.09.01 2020고단582

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

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 it does not result in the change of the subject of trial by the court.

A summary order of KRW 2,00,00 is issued by the Incheon District Court on October 4, 2007 (see, e.g., evidence No. 48), and the summary order of KRW 2,50,000 is issued and confirmed in the same court (see, e.g., evidence No. 47) as the same crime, and the summary order of KRW 2,50,000 is issued and finalized in the same court. ③ On November 9, 2017 (see, e.g., evidence No. 43) at the Chuncheon District Court on November 17, 2017, the Defendant was sentenced to a suspended sentence of KRW 2,00,00 for one year of imprisonment and became final and conclusive on November 17, 2017.

Criminal facts

Around 18:50 on May 23, 2020, the Defendant driven a “C” motor vehicle of 0.095% (see, e.g., record No. 5) with blood alcohol concentration of 0.095% (see, e., evidence record) over the roads in front of the middle intersection in the direction of Hanwon-gun, both of which are located at the beginning of the beginning of the city below the beginning of the city below the beginning of the city below the beginning

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, field photographs of the control place, and inquiry of the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, inquiry reports, and the application of Acts and subordinate statutes of an investigation report;

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. Article 62 (1) of the Criminal Act;

1. The accused for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.