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(영문) 춘천지방법원 2020.02.04 2019고단1064
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 of the final judgment.

Reasons

Punishment of the crime

On March 29, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Chuncheon District Court on March 29, 201, and such summary order became final and conclusive on April 20, 2011.

On September 8, 2019, at around 06:54, under the influence of alcohol, the Defendant driven D Poter Cargo Vehicles owned by the Defendant in the section of about 20 kilometers of approximately 20 kilometers, where the Seoul-yang Expressway was located, from the street in front of the Gangwon-si B apartment Cdong to the onboard of the Jacheon-gun Hongcheon-gun, Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Application of statutes concerning criminal records;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in addition to the previous convictions, consideration of the fact that there are the same kinds of power and the degree of drinking alcohol, etc.);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the records of drinking after 2006 shall be considered only when they were convicted in the judgment; the records of drinking are reflected in the judgment; the records of drinking are reflected in the judgment; the records of exceeding the fine; the age, environment

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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