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(영문) 춘천지방법원원주지원 2020.11.13 2020고단611
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

[criminal power] On July 20, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court, and on November 21, 2013, the Defendant was issued a summary order of KRW 1 million for the same crime in the same court.

【Criminal Facts】

On June 6, 2020, at around 20:06, the Defendant driven a F rocketing car at approximately 0.089% of alcohol alcohol level, while under the influence of alcohol from the front of the C cafeteria located in the original city B to the front of the E cafeteria located in the same city D.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Criminal records, investigation reports (verification of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of three copies of summary order;

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. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture has a record of being punished three times of a fine due to drinking driving.

【Abnormal circumstances】 Recognizing a mistake, and against it.

There is no history of punishment exceeding a fine due to drinking driving.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.

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