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(영문) 춘천지방법원 원주지원 2014.04.30 2014고단184

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 18, 2007, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on November 14, 2008. < Amended by Presidential Decree No. 2100, Nov. 14, 2008>

On January 12, 2014, at around 22:08, the Defendant driven B Mt Motor Vehicle at a section of approximately 1.5 km from the road in front of the fested landing point in the flag-dong in the flag-dong, to the front of the flag school located in the same city, in the state of alcohol alcohol concentration of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures [fluence] The defendant's reflectiveness, relatively low blood alcohol concentration [fluent circumstances] twice the same kind of power [fluence], and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents due to Unlicensed Driving on around 209, etc., there are two years of suspended sentence and probation, and records of being sentenced to the judgment of 80 hours of community service