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(영문) 춘천지방법원강릉지원 2020.11.27 2020고단860

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 March 8, 2017, the Defendant was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on the following occasions: (a) on September 2, 2020, the Defendant driven a motor vehicle with approximately KRW 2 km in the E-high speed while under the influence of alcohol for about 0.158% from before B apartment in the East Sea to D located in the East Sea at the same time on September 2, 2020.

Summary of Evidence

1. A written statement of the defendant in court;

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

1. The actual survey report and photographs related to traffic accidents;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of imprisonment in consideration of the records of the crime of the same kind and the degree of the personal injury of the accused);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; Supreme Court Decision 201Da1448, Apr

1. Article 62 (1) of the Criminal Act (limited to participation in the law-abiding lecture in consideration of the grounds for mitigation and the absence of criminal records heavier than that of suspension of execution);

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