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(영문) 춘천지방법원 강릉지원 2019.09.27 2019고단877
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 of the final judgment.

Reasons

Punishment of the crime

On June 15, 2015, the Defendant was issued a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act, etc. at the Gangseo branch court of the Chuncheon District Court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol as above, he again driven a etibric car in the state of alcohol with approximately 0.118% alcohol concentration at the section of approximately 2k alcohol level from the 21:40 on July 2, 2019 to the national highway No. 7 on the Doc shop shop located in Gangnam-si apartment parking lot of Gangseo-si, Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect A drinking driving);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (the execution of imprisonment shall be suspended on condition of probation and community service, in consideration of the absence of traffic accidents);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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