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(영문) 춘천지방법원 2020.01.21 2019고단1029

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 of the final judgment.

Reasons

Punishment of the crime

[criminal record] On May 28, 2018, the Defendant was subject to a disposition to forward juvenile protection cases from the Chuncheon District Prosecutors' Office as a crime of violation of the Road Traffic Act (driving) on July 30, 2018 due to the fact that he/she driven under the influence of alcohol at 0.087% of blood alcohol level.

[Criminal Facts] On October 18, 2019, at around 02:45, the Defendant driven a motor bicycle B 110V from a section of about 10 meters up to the master’s distance in front of the Southern-si located in Chuncheon-si 21, Macheon-si, 0087, while under the influence of alcohol of 0.087% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The application of Acts and subordinate statutes to report criminal records, US records, and results of confirmation;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction for punishment after becoming the gender, the degree of drinking alcohol, the age, environment, etc. of the defendant);

1. Order to attend lectures under Article 62-2 of the Criminal Act;