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(영문) 춘천지방법원 강릉지원 2020.07.24 2020고단319

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 November 17, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million in violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on November 17, 201. However, on March 25, 2020, the Defendant driven an E-high-speed car at approximately 6.7 km while under the influence of alcohol 0.119% in the direction of alcohol level from the vicinity of the Gangnam District Court to D in Gangnam-si. < Amended by Act No. 1051, Mar. 25, 2020>

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual survey report and on-site photographs;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of electric records) and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture under Article 62-2 (1) of the Criminal Act is selected by taking into account the records of the same kind of crime and the degree of the taking of the accused’s order, and a sentence shall be suspended on condition that the statutory punishment shall be mitigated within the scope of mitigated punishment, taking into account the fact that the accused has led to the confession of and his/her mistake in the crime, and that there is no previous