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(영문) 춘천지방법원 강릉지원 2014.10.23 2014고단848
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, 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 27, 2008, the Defendant was issued a summary order of KRW 2 million with fines for a violation of the Road Traffic Act, and a summary order of KRW 3 million with fines for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on December 31, 2009.

On September 7, 2014, at around 03:30 on September 7, 2014, the Defendant driven a car with B gallon with approximately two meters of alcohol alcohol concentration 0.276% while under the influence of alcohol at an influent underground parking lot in Fluence.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (previous records and confirmation) and Acts and subordinate statutes, including criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution [Consideration, considering the fact that a person has been well aware of the violation of the Road Traffic Act during the last few years without suppressing the crime of violating the Road Traffic Act];

1. Probation and lecture attendance order shall be decided as per the Disposition on the grounds of Article 62-2 of the Criminal Act or more;

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