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(영문) 춘천지방법원 강릉지원 2013.12.18 2013고단747
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant has been sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Gangnam Branch Branch of the Chuncheon District Court on September 18, 2009, and on August 12, 2010, the above court has been sentenced to a fine of KRW 2 million due to the same crime, etc., and BCo is also engaged in driving cars.

On September 10, 2013, the Defendant, while under the influence of alcohol of 0.05% of blood alcohol content, driven approximately 1.5 kilometers from the street in front of the “water-resistant ready-mixed” located in the Yancheon-Eup, Suwon-gu, Suwon-gu, Suwon-do, Samcheon-do, to the front side of the “Tgu Timber” located in the “Tgu Wood-gu, Suwon-gu, Seoul” as the Defendant’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and written judgments;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant commits a mistake against the defendant, and the blood alcohol concentration is not high);

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

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