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(영문) 춘천지방법원 원주지원 2020.02.05 2019고단1087
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 8, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the original state support of the Chuncheon District Court.

【Criminal Facts】

around 23:50 on October 8, 2019, the Defendant driven a Fbeer or car from the 1km section from the original city B, C, the same city D and E on the road from the front city to the front roads, while under the influence of alcohol by 0.120% of blood alcohol concentration.

As a result, although the defendant had a record of punishment for drinking driving, he again driven a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, case-related photographs, notification of the results of the drinking driving control, each investigation report, and the application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflectivity, etc.);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (which may be attached to the defendant, and the crime of this case shall be taken into account all the circumstances, such as the motive and circumstances leading up to the crime of this case, the circumstances after the crime of this case, the age of the defendant, occupation, family relationship, health status, etc., of the criminal defendant, which led to the damage of property by shocking two vehicles parked on the road, which are parked in order to avoid crackdownd by the criminal under the influence of alcohol and arrest of his/her own vehicle, and which are disadvantageous to the defendant, considering the nature of the crime and the circumstances leading up to drinking water and the control of his/her own vehicle.

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

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