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(영문) 춘천지방법원강릉지원 2020.11.06 2020고단693
도로교통법위반(음주운전)등
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 November 16, 2015, the Defendant received a summary order of KRW 1,50,00 from the Daegu District Court and the racing support for the crime of violating the Road Traffic Act.

At around 23:40 on July 23, 2020, the Defendant driven a F bargaining car under the influence of alcohol concentration of 0.064% without obtaining a driver's license from the front of C in the East Sea to the front of D located at approximately 350 meters.

Summary of Evidence

1. Statement of the defendant's legal statement, notice on the results of the drinking driving control, and report on the state of drinking drivers;

1. A survey report on actual conditions and the register of driver's licenses for motor vehicles on site of accident (the evidence Nos. 10);

1. Previous records: Application of Acts and subordinate statutes to the reporting of criminal records and investigation reports (report on the same kind of power) made before judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor, taking into consideration the past record of the same kind of crime as the ordinary concurrent crimes under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of the punishment);

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1248, Apr.

1. Article 62 (1) of the Criminal Act (limited to the case of mitigation and the case where the defendant has no criminal record of suspended execution)

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

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