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(영문) 춘천지방법원 원주지원 2015.10.21 2015고단753
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 October 5, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on October 5, 2012, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on March 17, 2014.

On August 9, 2015, at around 18:10, the Defendant driven B Poter-Ⅱ in the state of alcohol alcohol concentration of approximately 0.197% from a section of approximately 700 meters of alcohol content to the active pre-service road between the original city and the original city.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of the results of the drinking driving control and a report on actual condition survey;

1. Application of statutes on site photographs;

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 reflects the reason for sentencing under Article 62-2 of the Criminal Act, and considering two times before drinking and the significant drinking volume;

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