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(영문) 춘천지방법원강릉지원 2020.12.18 2020고단923
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and three 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

On December 11, 2013, the Defendant issued a summary order of KRW 5 million for the violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on two occasions more, but the record of drinking driving was more than twice. However, around September 13, 2020, the Defendant driven a fystren car under the influence of alcohol level of KRW 0.159% from the C Bank in the East Sea B at the same time on September 18, 2020 to the D Apartment E-dong in the East Sea.

Summary of Evidence

1. Notification of the defendant's legal statement G, H and I's written statements as a result of the control of drinking and driving, and reporting on the state of drinking drivers;

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

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of imprisonment in consideration of the same kind of force as that of the accused's taking into account the degree of his taking into account);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflect of the crime by the defendant, and the fact that the defendant has no criminal record of suspended execution or more);

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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