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(영문) 춘천지방법원 2020.11.27 2020고단875
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 28, 2013, the Defendant issued and confirmed a summary order of KRW 1,00,000 as a crime of violation of the Road Traffic Act at the Chuncheon District Court on August 28, 2013 (see, e.g., the evidence record). ② On October 24, 2014 (see, e.g., the evidence record No. 51), the same court issued a summary order of KRW 3,00,000 by a fine for violation of the Road Traffic Act.

Criminal facts

On July 20, 2020, at around 07:05, the Defendant driven CK7 vehicles over approximately 200 km from the front side of the G apartment parking lot to the front side of the CK3km located in Chuncheon-si in the front side of the C apartment parking lot in Ansan-si in the state of alcohol (see, e.g., evidence No. 17, 35, 39) with a blood alcohol concentration of 0.07% (see, e.g., evidence No. 17, 35, 39).

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, and inquiry of the results of crackdown on drinking driving;

1. Investigation report (investigation of aggregate of reduced value per hour for a suspect);

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: the Defendant is driving under the influence of alcohol, in addition to the two-time period prior to the full revision of the Road Traffic Act.

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