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(영문) 춘천지방법원 속초지원 2013.10.11 2013고단255
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 May 28, 2013, from around 02:00 to around 02:20 of the same day, the Defendant driven Bho TG car with approximately 1.5km alcohol concentration of about 0.303% in the front of the yellow square located in the same Dong through the roads located in the central road of the same city, from the roads near the main place of drinking village located in the Seocho-si from the beginning of May 28, 2013 to the roads in front of the yellow square located in the same Dong.

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 Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the accused acknowledges and reflects the crime, the driving distance is relatively short, and the accused does not have any criminal record heavier than a suspended sentence);

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

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;

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