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(영문) 춘천지방법원 속초지원 2013.12.06 2013고단468

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On October 25, 2013, at around 23:44, the Defendant driven a C rocketing car with approximately 500m alcohol content 0.224% under the influence of alcohol from the 500m section to the 00:01 on the 26th day of the same month from the parking lot adjacent to the square in the Sinnam University Correctional University located in Sinnam University.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant acknowledges and reflects the crime, the driving distance is short, and the defendant has no criminal record of imprisonment or any heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;