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(영문) 춘천지방법원강릉지원 2020.11.20 2020고단776
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four 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 March 8, 2013, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act in Daegu District Court racing support. However, on July 29, 2020, at around 22:00, the Defendant driven D rocketing car under the influence of alcohol level of KRW 0.264% from the entrance of the bathing beach located at Gangnam-si, Gangnam-si to C in Gangnam-si.

Summary of Evidence

1. Defendant's legal statement, report on the results of the drinking driving control, and report on internal investigation of his/her circumstantial statement (person E telephone conversations);

1. A traffic accident report and accident site photograph;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports (reports accompanied by summary orders);

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of imprisonment in consideration of the degree of the principal of the accused and the records of the same crime);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the confession and reflect of the crime by the defendant, and the fact that the defendant has no criminal record of suspended execution or more due to the same crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

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

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