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(영문) 춘천지방법원 강릉지원 2020.01.22 2019고단1289
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 of the final judgment.

Reasons

Punishment of the crime

On September 6, 2017, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (Refusal of measurement of noise) at the Gangseo branch court of the Chuncheon District Court on September 6, 2017.

On October 27, 2019, at around 10:10, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of approximately 0.190% from the 3km section of blood alcohol concentration to the road located in the same time movement at the same time from the front of the Dong-dong located in the same city-dong-dong 210, Dong-dong, Dong-dong, 210.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report, and notification of the control results of drinking driving;

1. A request for appraisal - A written appraisal;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements (verification of the same kind of investigation record - Summary Order], and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) and (2) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

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