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(영문) 춘천지방법원 2021.03.04 2020고단1358
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 10, 2009, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Chuncheon District Court on September 10, 2009, and a summary order of KRW 3 million as a fine in the same court on January 6, 2014, respectively.

Criminal facts

On November 15, 2020, the Defendant driven a Epoter II cargo vehicle at a section of approximately 500 meters from the Do in front of the “C” located in Gangwon-si, Gangwon-si, Gangwon-do, while under the influence of alcohol content of 0.132% among blood transfusion around 01:09.

Summary of Evidence

1. The defendant's legal statement made and his/her report on the results of crackdown on driving alcohol and the situation of the driver;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. It is so decided as per Disposition by taking into account all the circumstances of sentencing, including the following: (a) the Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act regarding the provision of community service order and the order to attend lectures, committed a second offense of drinking alcohol due to drinking, the high alcohol level during the instant blood transfusion; (b) there is no physical damage; and (c) there is no criminal record exceeding

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