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(영문) 춘천지방법원 2020.10.20 2020고단858
도로교통법위반(음주운전)등
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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On January 20, 2020, the Defendant was sentenced to a fine of KRW 7,000,000 as a crime of violating the Road Traffic Act (driving) at the Chuncheon District Court (see, e.g., Supreme Court No. 46 of the Evidence Record) and finally became final and conclusive (No. 2019, Dec. 238).

(Evidence) On July 14, 2020, at around 20:30, the Defendant, without a driver’s license (see, e.g., evidence No. 24) on July 14, 2020, driven a Fmati-II vehicle over approximately 500 meters from the front of the branch school in Hongcheon-gun C Elementary School D located in Hongcheon-gun B to the front road in the Gangwon Hongcheon-gun E-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of regulating drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, the previous records and results of confirmation, and the application of Acts and subordinate statutes attached to summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

A. The Defendant was punished on January 20, 202 after driving under the influence of alcohol and was punished on January 20, 202, “one year.”

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