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(영문) 춘천지방법원 속초지원 2015.11.04 2015고단422
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On March 14, 2014, the Defendant issued a summary order of 1.5 million won (the date and time of crime: June 25, 2015) to the Seoul Southern District Court for a violation of the Road Traffic Act; and on August 21, 2015, the Jeju District Court issued a summary order of 5 million won (the date and time of crime: June 25, 2015).

【Criminal Facts】

The Defendant, as seen above, driven a vehicle of 70 meters from the northwest side of the Tax Office in Dondo 2 Dong, Jeju Island 50:10 on August 5, 2015, to the front side of the Tax Office in Dondo 2, the Defendant, while under the influence of alcohol with approximately 0.110% of alcohol concentration 0.110%.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a driver, and a prior notice of cancellation of driver's license;

1. Previous convictions in judgment: Criminal records, investigation reports (report on confirmation of the same criminal records as suspects), - Copy of summary order Acts and subordinate statutes shall apply;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment (in cases of two times before and after the same type of crime, and the recent repetition of crimes, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that there is no previous conviction in excess of a fine, confession, and reflective fact);

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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