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(영문) 춘천지방법원강릉지원 2020.11.06 2020고단488
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 December 12, 2014, the Defendant had been issued a summary order of KRW 3 million with a fine of KRW 1,00,000 for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on December 12, 2014. However, around 19:52 on April 22, 2020, the Defendant driven a f New franchise XG car of approximately 10km from the Cju point in the same year to the front of the E agency located in D in the same year while under the influence of alcohol level of KRW 0.152%.

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the state of his oral statement, and notification of the result of the drinking driving control;

1. A survey report on actual condition, a photo at the scene of an accident, CCTV image analysis, and analysis of neighboring CCTV TV images;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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. An order to attend a lecture under Article 62-2(1) of the Criminal Act is selected by taking into account the following: (a) the degree of punishment imposed by a defendant for the reason of sentencing under Article 62-2(1) of the Criminal Act; (b) the defendant confessions and reflects a criminal act; and (c) the defendant has no record of the same kind of crime except for a punishment imposed once; and (d) the execution of

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