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(영문) 춘천지방법원강릉지원 2020.08.28 2020고단409
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2011, the Defendant was issued a summary order of KRW 3 million due to the violation of the Road Traffic Act (driving) in the Young-gu Branch of the Chuncheon District Court on the grounds of the violation of the Road Traffic Act, but around 18:35 on May 6, 2020, the Defendant driven the Epppp motor vehicle at approximately 500 meters while under the influence of alcohol of KRW 0.189% from the vicinity of the C in Gangnam-si to the front of Gangnam-si.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement, notification of the result of the drinking operation control, and report on the situation of the drinking driver;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspect A Drinking Force);

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of imprisonment in consideration of the degree of taking the principal of the accused and the record of the same kind of crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflect of a crime by the defendant, and the fact that there was no record of the same crime for a period of ten years or longer);

1. Article 62 (1) of the Criminal Act (Subject to probation, in consideration of the repeated reasons for mitigation);

1. Article 62-2 (1) of the Criminal Act on Probation;

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