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(영문) 춘천지방법원강릉지원 2020.08.12 2020고단96
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 November 4, 2009, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on November 4, 2009. However, on December 23:15, 2019, the Defendant driven a Fpoter vehicle at approximately 380 meters while under the influence of alcohol for about 0.151% during the influence of alcohol during the period from C in the front of Gangnam-si to E in the same city D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (report accompanied by a copy of a summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The term of imprisonment shall be mitigated within the scope that the statutory punishment is mitigated, and the execution of the sentence shall be suspended on condition that the defendant take into account the fact that the defendant has committed a crime and made mistake therein, and that the defendant has no criminal record of probation or higher, the period of imprisonment shall be set within the scope that the statutory punishment is mitigated, taking into account the fact that the defendant has committed a crime;

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