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(영문) 춘천지방법원강릉지원 2020.12.18 2020고단967
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 May 14, 2007, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on May 14, 2007. However, around 01:48 on August 30, 2020, the Defendant driven DK9 car at approximately 500 meters while under the influence of alcohol level of KRW 0.104% in front of the Crown-si meeting located in Gangnam-si from the vicinity of the divers of Gangseo-si, Gangnam-si.

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 of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order of the same kind of suspect's power attached);

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 same kind of force as that of the accused's taking into account the degree of his taking into account);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant led to a crime and reflects on the crime, and that the same kind of power has been punished for a long time);

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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