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(영문) 춘천지방법원강릉지원 2020.09.18 2020고단509
도로교통법위반(음주운전)등
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

The defendant has been issued a summary order of 1.5 million won on October 14, 2013, and a fine of 1.3 million won on January 23, 2020 at the Gangnam Branch of the Chuncheon District Court as a crime of violation of the Road Traffic Act.

On June 4, 2020, at around 20:45, the Defendant driven CNAS car in the state of under the influence of alcohol of about 0.068% in blood alcohol concentration without a driver’s license from around the 10km-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City, the northwest-do, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) to around 10km-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and the register of driver's licenses notified as a result of the drinking control;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (report on the confirmation of the same kind of crime);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

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

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

1. Probation and lecture attendance order shall be selected by taking into account the defendant’s records of the same crime for the reasons of sentencing under Article 62-2(1) and proviso to Article 62-2(2) of the Criminal Act, and the term of punishment shall be set at least within the scope of mitigated statutory punishment in consideration of the fact that the defendant led to the confession and reflect of the crime, the degree of his/her taking into consideration the fact that the defendant did not have any criminal record of probation or higher due to the same crime, and the execution of punishment shall

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