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(영문) 춘천지방법원 2016.02.04 2015고단1169
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 3, 2007, the Defendant was notified of a summary order of KRW 2 million as a fine for a violation of road traffic laws (drinking driving), and a fine of KRW 4 million as a fine for a violation of road traffic laws at the Chuncheon District Court on September 21, 2012.

On October 31, 2015, at around 00:49, the Defendant driven a B X-ray car under the influence of alcohol concentration of 0.259% in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of the respective Acts and subordinate statutes to inquiries about criminal history, High Government District Court Decision 2007 High Court Decision 6094, High Court Decision Chuncheon District Court Decision 2012 High Court Decision 3232

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., the confession and reflect of a crime by a defendant, and the fact that the defendant has no criminal record of suspension of qualifications or any heavier punishment);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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