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(영문) 춘천지방법원 영월지원 2013.06.04 2013고단131

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 25, 2013, around 15:05, the Defendant driven B-low-income vehicle under the influence of alcohol with approximately 0.8km alcohol concentration of about 0.246% in the section from around 170-149, Taesung-dong 170-149 to the front road of the Gyeong Young-gu in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on detection of drivers and reports on circumstantial statements of drivers;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant was sentenced to a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act on October 20, 2005, and was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act on March 17, 2006. The two years of a suspended sentence was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act on May 20, 2008, even if he was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act on May 20, 2008. However, the criminal liability of the defendant for a violation of the Act on Probation, etc. is not less than that of imprisonment with prison labor, that the defendant has no criminal conviction, that the defendant reflects his fault, and that the defendant's health condition was considerably high at the time of this case.