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(영문) 춘천지방법원 원주지원 2015.11.11 2015고단871
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 August 6, 2012, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Suwon District Court on August 6, 2012, and on August 21, 2013, the Defendant was sentenced to imprisonment of 10 months and 2 years of suspended execution.

On August 28, 2015, at around 22:27, the Defendant driven a low alcohol vehicle with alcohol level of 0.05%, from the front of the plumin window, which is located in the original city level, to the front of the Han Lindi apartment, located in the same Sinsan-dong in the same Sinsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the request for appraisal and the detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order taking into account the reflection of the reason for sentencing under Article 62-2 of the Criminal Act, the fact that two previous convictions are identical, and the drinking volume is relatively low;

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