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(영문) 춘천지방법원강릉지원 2020.11.27 2020고단808
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

On April 10, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on April 10, 200, but around 16:00 on August 13, 2020, the Defendant driven D Ssp motor vehicle under the influence of alcohol concentration of approximately 0.082% in blood alcohol level from the 16:00 on August 13, 202 to the neighboring C.

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, the statement, and the investigation report on the results of the regulation of drinking driving (investigation into the accident video);

1. The actual survey report and on-site photographs;

1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (Binding of the previous and related summary orders) Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor in consideration of the records of the same kind of crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1248, Apr. 2

1. Suspension of execution under Article 62 (1) of the Criminal Act (limited to taking lectures in compliance driving lectures in consideration of the absence of records of the same kind of crime, with the exception of punishment imposed twice prior to the grounds for mitigation of punishment and punishment for not less than ten years);

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

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