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(영문) 춘천지방법원 2020.11.10 2020고단645
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On May 15, 2013, the Defendant was issued a summary order of KRW 1,500,00 (see, e.g., Supreme Court Decision 51,38, May 15, 2013) to a fine for a violation of the Road Traffic Act (see, e.g., Supreme Court Decision 2013No. 2108). ② On December 10, 2014 (see, e.g., Records No. 43), at the 36th Military Court of the 36th Military Service, the Defendant was sentenced to a fine of KRW 7,00,00 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (see, e.g., Supreme Court Records No. 42 pages), ③ on December 21, 2017 (Evidence Records No. 555) to a suspended sentence of KRW 17,207 (see, e.g., imprisonment for a violation of the Road Traffic Act).

Criminal facts

On May 26, 2020, at around 04:05 (see, e.g., evidence record No. 5), the Defendant driven a vehicle of E-Abrehurt (see, e.g., evidence record No. 27 pages) with a level of 0.287% alcohol level (see, e.g., evidence No. 8, 14, Oct. 5, 2020) under the influence of alcohol level of 0.287% (see, e.g., notice of completion of correction submitted to this court).

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and notification of correction completion;

1. Previous conviction in judgment: A copy of inquiry letter, official document, and written verdict, and a copy of judgment;

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