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(영문) 춘천지방법원강릉지원 2020.11.27 2020고단816
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

On December 24, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on September 1, 2015, and a fine of KRW 1.5 million with the same crime at the Jungbu District Court on September 1, 2015, but on August 5, 2020, the Defendant driven approximately 3.5 km-5 km under the influence of alcohol concentration of 0.038% at the eropora in the eropos of Gangwon-si from Gangnam-si around 11:50 on August 5, 2020 to the eroposculation.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. The actual survey report and the accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor in consideration of the records of the same kind of crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act (see, e.g., that the defendant makes a confession and reflects on the crime, the degree of drinking is weak,

1. Article 62 (1) of the Criminal Act (limited to participation in the law-abiding lecture in consideration of the grounds for mitigation and the absence of criminal records heavier than that of suspension of execution);

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

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