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(영문) 춘천지방법원 영월지원 2014.01.14 2013고단544
도로교통법위반(음주운전)
Text

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

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 June 30, 201, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on November 6, 2008, issued a summary order of KRW 2.5 million for the same crime from the Busan District Court’s subsidiary branch.

On October 10, 2013, at around 03:20, the Defendant driven BM5 car at approximately 10 meters, while under the influence of alcohol concentration of 0.185% in blood, on the front of the “Maintenance House” located in the Yellow-si, Taewon-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to judgments) Acts and subordinate statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2009

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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