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(영문) 춘천지방법원강릉지원 2020.12.18 2020고단930
도로교통법위반(음주운전)
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

On April 14, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on March 30, 2015, and the same court on March 30, 2015. However, on September 21, 2020, the Defendant driven approximately 400 meters of the E-Poter truck under the influence of alcohol concentration of KRW 0.125% from the Cju-si located in Cju-si B at Samk-si on September 21, 2020 to the front of the D Building.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the circumstantial statement of a drinking driver, and an investigation report on the results of the control of drinking driving (Attachment to a black stuff and video CD) on site photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports accompanied by summary orders of the same kind of power of a suspect) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of imprisonment in consideration of the same kind of force as that of the accused's taking into account the degree of his taking into account);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the confession and reflect of a crime by the defendant, and the fact that the defendant has no criminal record of suspended execution or heavier punishment for the same crime for a long time);

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

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

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