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(영문) 춘천지방법원 강릉지원 2014.04.23 2014고단15
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2013, at around 16:00, the Defendant driven a B rocketing car under the influence of alcohol content of approximately 2 km from around 16:15 to the national highways of approximately 0.288% near Songwa Holdings, located in Gangseo-si, Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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

1. Mitigation of discretionary mitigation (The conditions favorable to the following reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

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 and Article 59 of the Act on Probation, etc. has a record of having been punished for the same kind of crime, etc., and that the defendant and the defendant do not repeat the crime, and that they do not repeat the crime.

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

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