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(영문) 춘천지방법원 2021.02.04 2020고단1332
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2007, the Defendant received a summary order of KRW 2.5 million from the Chuncheon District Court due to a violation of road traffic laws (drinking driving), etc., and on May 31, 2019, the Defendant received a summary order of KRW 6 million from the Chuncheon District Court due to a violation of road traffic laws (drinking drinking).

On Nov. 16, 2020, the Defendant driven a F F mother-free car at approximately 4.4km from C before Hongcheon-gun to E on the front road located in Hongcheon-gun D while under the influence of alcohol content of at least 0.052% among blood transfusion around 20:00.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Arresting the accused's legal statement, reporting on the situation of the driver in charge, and inquiry into the result of crackdown on drinking;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order, community service order, and order to attend a lecture, and the fact that the defendant committed a short-term second offense by drinking alcohol driving in 2007 and two times a fine in 2019: Provided, That this decision is made as ordered in consideration of all the sentencing conditions, including the following: (a) the alcohol concentration among the blood transfusion in the instant case does not have a high level; (b) no personal or material damage exists; and

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