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(영문) 춘천지방법원 영월지원 2013.06.21 2013고단193
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 26, 2013, at around 00:20, the Defendant driven a car under the influence of alcohol with approximately 0.203% alcohol concentration of 0.203% from the front of the Culture and Arts Center located in Taecheon-si, Taecheon-si to the front road of about 105 Cheongcheon apartment located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of investigation reports (report on the confirmation of the counter party of police officers controlling drinking driving and the details of detection);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant was sentenced to criminal punishment by causing a traffic accident while driving under the influence of alcohol in 2007, and that the Defendant was not prosecuted, but the Defendant was parked in the vehicle at the time of the instant case, and that the blood alcohol concentration level was significantly high, the Defendant’s liability for the crime is not somewhat weak.

However, in consideration of the fact that the defendant has no criminal records of the suspension of execution or more, and that the defendant reflects his/her fault, the punishment shall be determined as per the order.

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