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(영문) 춘천지방법원강릉지원 2020.12.23 2020고단812
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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 January 29, 2014, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on January 29, 201, and on April 4, 2014, the Defendant was sentenced to a fine of KRW 3.5 million for the same crime.

1. The Defendant committed the crime of July 16, 2020, around 01:45 on July 16, 2020, driven a Fchip car at approximately 486 meters while under the influence of alcohol concentration of 0.181% at the front of E, located in Gangnam-si B, Gangnam-si, Seoul.

2. On July 18, 2020, the Defendant driven the said car at approximately 2.6km in the state of alcohol alcohol leveling to approximately 0.185% of blood alcohol level from the front of Gangnam-si to the parking lot of the 377 Gangseo-si Police Station from Gangnam-si to the 377 Gangseo-si Police Station.

3. On July 22, 2020, the Defendant driven the said car at approximately 2.6 km in the state of alcohol alcohol concentration of about 0.185% from the front of the G of Gangseo-si to the parking lot of the 377 Gangseo-si Police Station from Gangnam-si, Gangnam-si to the 377 Gangseo-si Police Station.

Summary of Evidence

1. A statement of H in court of the defendant;

1. Each report on the results of the control of drinking driving and on the circumstantial statements of drinking drivers, respectively (Attachment to the on-site photographs, etc. and CCTV image data, etc.);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes as provided for in paragraph (3) of the same Article which is the largest crime);

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

1. The reason for sentencing the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act is that the defendant has been punished for the same kind of crime, and the defendant has repeated drinking driving three times.

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