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(영문) 춘천지방법원 강릉지원 2020.05.29 2020고단75
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 September 11, 2017, the defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Young-gu branch of the Chuncheon District Court on September 11, 2017.

On January 16, 2020, at around 14:15, the Defendant driven a C Poter freight vehicle with approximately 3 km while under the influence of alcohol leveling 0.049% from the parking lot in front of the Gangnam-si B market to the front of the 188 Gangnam-gu public interest playground in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of summary order-related 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 which choose the penalty;

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

1. According to Article 62(1) of the Criminal Act, the execution of imprisonment with prison labor, the maximum period of punishment shall be suspended within the scope of mitigated statutory punishment, taking into account the following: (a) the defendant, as the reason for sentencing under Article 62(1) of the Criminal Act, led to the confession of the crime and the misunderstanding of his/her errors, the degree of his/her taking into consideration the fact that the defendant was not

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