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(영문) 춘천지방법원 강릉지원 2014.04.09 2014고단25
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Gangnam Branch Branch of the Chuncheon District Court on April 2, 2007. On September 17, 2008, the Defendant was a person who was sentenced to a fine of one million and five hundred and fifty hundred and fifty thousand won for the same crime and is engaged in driving of the C rocketing car.

On November 10, 2013, the Defendant driven the Defendant’s vehicle at a section of approximately 30 meters from the upper corner of the “Popaeaco club” located in Gangseo-si, Gangseo-si, Gangnam-si, while under the influence of alcohol of 0.102% of blood alcohol content at around 01:00.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order, and 42 through 48 pages of investigation records);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (i.e., the fact that the social relationship is clear and contradictory to it);

1. The above punishment shall be determined by taking into account the favorable sentencing factors, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 69 of the Act on the Probation, etc. has a large number of records of punishment for the same kind of crime, etc., and that the defendant does not repeat again as he/she

It is so decided as per Disposition for the above reasons.

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