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(영문) 춘천지방법원 속초지원 2014.08.13 2014고단222

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten 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 June 18, 2014, around 21:45, the Defendant driven a CPoter-II cargo vehicle under the influence of alcohol concentration of about 100 meters from the front of the lux road located in the Cheongho-dong, Cheongho-si, Cheongho-si, Cheongho-si, 21:50 on the same day to the front of the lux 188-ro, 188-ro, lux-ro, 21:2%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Application of Acts and subordinate statutes governing drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in consideration of the fact that there are many criminal records of the same kind including twice a suspended sentence to the defendant, and that the blood alcohol concentration is considerably high);

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the fact that there is no record of criminal punishment since 2007, confession, reflects against the fact, and does not repeat the crime by disposing of vehicles, etc.);

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

1. Article 62-2 of the Criminal Act to provide community service;