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(영문) 춘천지방법원 강릉지원 2020.05.08 2020고단16
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2010, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act, and on July 26, 2010, issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, on July 18, 2013, upon being sentenced to imprisonment for six months and two years of suspension of execution for a violation of the Road Traffic Act at the Pyeongtaek Branch of the Suwon District Court, on July 18, 2013. On November 27, 2015, the Defendant was sentenced to imprisonment for eight months and three years of suspension of execution for a violation of the Road Traffic Act; on November 27, 2015, at the same court, around 22:30 on November 27, 2019, from the entrance of apartment convenience apartment C to the front level of the 205m alcohol level of the e-driving parking lot at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the control of drinking driving;

1. The actual condition survey report;

1. Photographss of the scene of the accident and photographs of the skin;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2(1) and (2) of the Criminal Act: (a) Defendant, who has been punished several times for the same kind of crime for the reason of sentencing, once again repeats the instant crime; and (b) in consideration of the fact that the Defendant’s main perception of the instant crime is not less than that of the Defendant; (c) however, in consideration of the fact that there are some other circumstances leading to the instant crime (which is deemed to be credibility in the witness G’s legal statement on the background of the crime), the place of driving a vehicle is the road in apartment complex only, and the distance is not long, the term of punishment shall be set and the execution of the sentence shall be suspended on condition of probation and community service

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