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(영문) 춘천지방법원 2020.06.02 2020고단287
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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On August 2, 2012, the Defendant issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Daejeon District Court on August 2, 2012 (Evidence Records No. 48, 47), and finally became final and conclusive (Evidence Records No. 48, 47). On August 16, 2018, the Defendant issued a summary order of KRW 3,00,000 as a crime of violation of the Road Traffic Act at the Chuncheon District Court on August 16, 2018.

(Evidence Records No. 45, 44 pages). Around 04:55 on March 6, 2020, the Defendant was driving a fimeral A5 vehicle over approximately 200 meters in the direction of “E”, which is operated by the Defendant himself (see, e.g., evidence records No. 24) in Chuncheon City B (see, e., evidence records) from the front of the general restaurant to the front of the “E” store located in Chuncheon City D.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of traffic accidents, and the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, the previous records and results of confirmation, and the application of Acts and subordinate statutes attached to summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was under the influence of alcohol driving, and again committed the instant crime even though he had the record of being punished by each summary order issued on August 2, 2012 and August 16, 2018.

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