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(영문) 춘천지방법원 강릉지원 2013.07.03 2013고단219
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 March 31, 2013, at around 09:50, the Defendant driven a Cknife vehicle with blood alcohol content of about 0.363% under the influence of alcohol at approximately 1km from the new bank located in the Yecheon-dong in the East Sea to the entrance of the same sports complex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a survey report on the actual condition, a report on detection of a driver, photographs related to accidents, records of seizure, list of seizure, records of collection of blood, reports on collection of blood, and reports on requests for appraisal;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1448, Apr. 2, 20

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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