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(영문) 춘천지방법원 2020.05.28 2020고단158
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 October 21, 2011, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act, etc. at the Chuncheon District Court on February 24, 2017, with a fine of KRW 4 million for a violation of the Road Traffic Act.

On February 8, 2020, at around 01:45, the Defendant driven a DNA-si car at approximately 3km from the Hancheon-gun Hongcheon-ro Hongcheon-ro 301 and from the Hongcheon Terminal to the top of convenience store in the same group B, while under the influence of alcohol content of 0.109%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the control of drinking driving, and report on the situation of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment concerning criminal facts, or 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 reason for sentencing under Article 62-2 of the Social Service Order Act is high in the blood alcohol concentration of this case, and the defendant committed the crime of this case even if he had been tried before drinking alcohol driving and had been injured by danger driving during the period, and the recidivism of this case is committed: Provided, That there is no criminal record exceeding the suspended execution, and the defendant did not inflict personal physical damage due to this case, a punishment shall be determined as ordered by the disposition

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