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(영문) 춘천지방법원 속초지원 2015.11.18 2015고단510
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 of the final judgment.

Reasons

Punishment of the crime

[criminal power] On November 4, 2008, the defendant was sentenced to a suspended sentence of 8 months for a crime of violation of the Road Traffic Act in the Seocho District Court's early branch court located in Chuncheon on November 4, 2008, and was sentenced to a summary order of 2 million won for the same crime in the same court on January 16, 2007

【Criminal Facts】

On September 24, 2015, at around 21:10 on September 24, 2015, the Defendant driven CM520 vehicles while under the influence of alcohol alcohol concentration of about 0.087% from the 4km section to the road in front of the written public health center located in the same military as the day from the front of the restaurant for the Sungyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on the state of the operation of a motor vehicle and the reports on the state of the driver;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor ( Consideration of many previous criminal offenders of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2008Do348, Jan. 1, 2008);

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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