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(영문) 춘천지방법원강릉지원 2020.08.21 2020고단346
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 October 10, 2016, the Defendant had been issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving on a sound driving) at the port branch of the Daegu District Court (Seoul District Court). However, around 00:35 on March 3, 2020, the Defendant driven a B K7 car under the influence of alcohol of KRW 0.108% in blood alcohol level from the vicinity of the Jeju District Office in the Jeju District Office to the 289-do East Sea to the 289-do East Sea.

Summary of Evidence

1. Written statements made by the defendant at his court by law, notification of the results of drinking driving control, and report on the state of drinking drivers;

1. A traffic accident report, a survey report on the scene of the accident, and a 112 reported case handling table;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (same type of criminal records);

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 past record of the same kind of crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the confession of a crime by the defendant and his mistake is divided, and the records of the same crime are limited to once a fine is imposed);

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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