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(영문) 춘천지방법원 영월지원 2014.02.07 2013고단589

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 18, 2007, the Defendant received a summary order of KRW 700,000 from the Seoul Northern District Court to a fine of KRW 100,000 for a violation of the Road Traffic Act, and on January 21, 2008, a summary order of KRW 3 million for a violation of the Road Traffic Act was issued by the Jung-gu District Court.

On November 18, 2013, at around 02:35, the Defendant driven B QM5 car at approximately KRW 0.205% alcohol level from the 3km section to the road near the Pamam Gai, Gai, the Crossing-do, the Crossing-si, the Crossing-do, the Crossing-do, the Crossing-do, the Gyeongwon-si, the Crossing-do, the Gyeongwon-si, the Gyeongwon-do, the Gyeongwon-do

Summary of Evidence

1. Statement by the defendant in court;

1. Control note, report on detection of drivers, and circumstantial statement of drivers;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 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;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act that causes traffic accidents at the time of the instant case, and the blood alcohol concentration of the Defendant was significantly high, and that there was two times the previous case with the Defendant, which is disadvantageous to the Defendant, or that there was no criminal conviction above the suspended execution, or

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;