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(영문) 춘천지방법원 영월지원 2014.11.25 2014고단449
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 11, 2008, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on November 21, 2008, issued a summary order of KRW 2.5 million for the same crime at the same court.

On September 26, 2014, at around 20:0, the Defendant driven BM5 vehicles under the influence of alcohol with approximately 5km alcohol concentration of about 0.260% from the 5km section to the front road of the drug-free oil station located in the middle of Young-gu, Young-gu, Gangwon-gu, Young-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the state of standing of a driving under the influence of alcohol, notification on the results of the control of drinking under the influence of alcohol, and inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmation reports) 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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant had already been punished for the violation of the Road Traffic Act, and that the defendant's age, happiness, family environment, and circumstances after committing the crime of violation of the Road Traffic Act, shall be determined as ordered in consideration of all kinds of sentencing conditions stipulated in Article 51 of the Criminal Act,

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