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(영문) 춘천지방법원 강릉지원 2016.01.14 2015고단1311
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2013, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court, and was sentenced to a summary order of KRW 5 million due to a violation of road traffic law in the same court on December 14, 2015.

On November 18, 2015, the Defendant was under the influence of alcohol level of 0.120% among blood transfusions on around 04:25, the Defendant driven BK 3 cars at the section of about 10km from around 10km to the front road of the center in Songdong-dong Police Station in the Dongdong-dong East East East Sea from around 10km.

Accordingly, the defendant, who has driven a drinking not less than twice, was driving a second alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Inquiry about criminal history, indictment, and application of Acts and subordinate statutes to investigation reports (formers and confirmations);

1. Selection of imprisonment with prison labor under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, which pertains to the relevant criminal facts and selective punishment;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 20

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Article 62-2 (1) of the Criminal Act on an order to attend a course;

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