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(영문) 춘천지방법원 2020.02.04 2019고단1089
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 of the final judgment.

Reasons

Punishment of the crime

On August 1, 2014, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court on August 1, 2014.

On October 23, 2019, the Defendant, while under the influence of alcohol by 0.127% on blood alcohol concentration on October 23:05, 2019, driven B-learning cars from the 40km section of Seoul Yangyang Expressway, located in the upper south of the Gangwon-gun, Seocheon-gun, Hongcheon-gun, Seocheon-gun, Seocheon-do, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of statutes concerning criminal records;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (to take into account the fact that the degree of punishment is not less than that of drinking, and to the risk of reverse driving on an expressway under the influence of alcohol, etc.);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall include the fact that the person has no record of punishment other than the previous offense, the fact that the person has committed it against himself

1. Social service order under Article 62-2 of the Criminal Act;

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