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(영문) 춘천지방법원강릉지원 2020.12.18 2020고단925
도로교통법위반(음주운전)등
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

1. On June 27, 2014, the Defendant: (a) was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Young-gu Branch of the Chuncheon District Court on June 27, 2014; and (b) on three occasions, on September 14, 2020, the Defendant driven a vehicle of approximately KRW 1 khn-turd by C with a blood alcohol concentration of at least 0.050% for a 416 local road located in Taedo-gu, Taedo-si, Taedo-si, Do-do-si, Seoul Special Metropolitan City on September 14, 2020.

2. The Defendant, at around 18:00 on September 14, 2020, 202, 2020: (a) 18:00, 30 percent of the 40-year-old 200-year-old 200-year-old 200-year-old 200-year-old 200-year-old 200-year-old 200-year-old 300

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. On-site photographs of the control results of drinking driving, reports on the state of drinking drivers, reports on seizure of police officers, and seizure lists;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, Article 329 of the Criminal Act and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment for concurrent crimes prescribed by grave larceny, but the lower limit of the punishment shall be determined by the Road Traffic Act) shall apply;

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

1. Article 62 (1) of the Criminal Act;

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

1. The defendant, for the reason of sentencing under Article 48(1)1 of the Criminal Act, is selected to be sentenced to imprisonment in consideration of the repetition of the crime of drinking driving in this case, even though he/she had three times the record of drinking driving.

However, considering the fact that the degree of thief was not severe, the term of punishment shall be set within the scope of mitigation of statutory punishment, the defendant confessions and reflects all of the crimes, and the damage to theft crimes is not significant.

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