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(영문) 춘천지방법원 강릉지원 2019.07.11 2019고단557
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

[Criminal Power] On October 30, 2015, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on October 30, 2015, and was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) on August 29, 2017.

【Criminal Facts】

On April 10, 2019, at around 17:50, the Defendant driven a G low-speed car with approximately 800 meters alcohol level 0.115% alcohol level at the section of about 800 meters in front of the F Office in E, via D gas stations located in Gangnam-si B apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Investigation report (as to correction of hours of sound driving):

1. An investigation report (Attachment to a closure on the screen of a distance portal site);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving by a suspect A);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant committed the crime of drinking alcohol in this case even though he/she has been punished twice due to drinking driving. Circumstances favorable to the fact that the defendant's blood alcohol concentration was high at the time of this case: The defendant's recognition of and reflects the crime; there was no record of punishment exceeding a fine; the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc.; and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, shall be determined as ordered.

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