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(영문) 춘천지방법원강릉지원 2020.08.21 2020고단365

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 July 18, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court due to a violation of the Road Traffic Act (driving). However, around 02:50 on April 21, 2020, the Defendant driven E rocketing car under the influence of alcohol concentration of KRW 0.076% from the front day of B in the East Sea to the front day of D in the East Sea at the same time.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty of a criminal defendant;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the degree of discretionary mitigation is not serious);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Subject to participation in the law-abiding lecture in consideration of the grounds for mitigation and the fact that the defendant confessions a crime, and the records of the same crime are punished by a fine);

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