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(영문) 춘천지방법원 강릉지원 2021.01.15 2020고단749
도로교통법위반(음주운전)등
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

1. On March 27, 2015, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court on the ground of the violation of road traffic law (drinking), but around 23:55 on July 24, 2020, the Defendant driven Efa-car under the influence of alcohol level of KRW 0.281% during blood alcohol level from the front day of the singing shop in the East Sea in the East Sea to the front day of D apartment in the East Sea.

2. On the same date as stated in paragraph 1, the Defendant violated the Road Traffic Act: (a) while driving a franchising car with two lanes in front of D apartment units in the same year, the Defendant destroyed the said franchising car in a way that the franchising car was driven by neglecting the duty of care to prevent accidents by accurately operating the franchising and steering system; and (b) neglecting the duty of care to prevent accidents by operating the fransing the franchising car in front of the franchising car in front of the franchising car; and (c) under the influence of the franchising car in front of the franchising car in front of the franchising car in front of the franchising car.

Summary of Evidence

1. The defendant's legal statement F is informed of the results of regulating driving of alcohol, the investigation report on the situation of the driver who takes the main place (calculated of the amount damaged by the damaged vehicle);

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), Article 151 of the Road Traffic Act (the point of destroying goods in the course of performing duties and real property, and the choice of imprisonment without prison labor) concerning criminal facts;

1. former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of two crimes prescribed for a heavier crime of violation of Road Traffic Act, and punishment shall be imposed as imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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