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(영문) 춘천지방법원 2020.08.11 2020고단347
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

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 August 10, 201, the Defendant issued a summary order of KRW 2,000,000 as a crime of violation of the Road Traffic Act at the Chuncheon District Court on August 10, 201 (see the evidence record No. 34), and on May 1, 2014 (see the evidence record No. 36), the same court issued a summary order of KRW 6,00,000 as a fine for the same crime.

Criminal facts

On March 23, 2020, the Defendant driven an EfranxG (see, e.g., evidence record No. 15 pages) with approximately 15km from the front of the Gicheon-gun B below the Gicheon-gun, and the front of the D’s “D” building, under the influence of alcohol around 0.242% (see, e.g., evidence record) on March 23, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Three copies of a report on the results of the crackdown on drinking driving and three on-site photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (report on confirmation of criminal records of the driving of sound);

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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on Probation, etc., the Defendant again committed the instant crime despite the past two times, even though he had the record of punishment by drinking alcohol driving. In light of the above, the Defendant is highly responsible for the instant crime.

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