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(영문) 춘천지방법원강릉지원 2020.10.07 2020고단587
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2014, the Defendant was issued a summary order of KRW 1,50,000 for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on December 29, 2014. However, around 10:36 on June 11, 2020, the Defendant driven Esch Rexroth car at approximately 9.9 km while under the influence of alcohol at around 0.069% from the front of the “C” located in Gangnam-si B to the front of Gangnam-si.

Summary of Evidence

1. Second police interrogation protocol of the accused accused accused's statement in court;

1. Notification of the results of the regulation of drinking driving, and each investigation report on the circumstantial statement of a drinking driver, respectively (Attachment toCCTV image data, etc. and the application of the Badmark official investigation);

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (report accompanied by a summary order of the same kind of power);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1548,

1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to taking lectures in compliance driving lectures in consideration of the fact that the records of the same crime as the grounds for mitigation have been punished by a fine);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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