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(영문) 춘천지방법원 속초지원 2015.10.28 2015고단429
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On March 31, 2009, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act (driving) from the leisure branch of Suwon District Court on March 31, 2009, and a summary order of two million won or more as a fine in the same court on November 25, 2014.

【Criminal Facts】

As seen above, the Defendant started driving skills twice but around 05:50 on July 31, 2015, from the inner sea-bed parking lot located in Choyang-dong, Seocho-si, Seocho-si. On the same day, around 05:55 on the same day, the Defendant driven a DNA-learning car with a blood alcohol concentration of about 0.139% in the 3km section from around 05:55 to the front road located in the same city B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement of the state of drinking drivers;

1. Investigation report (the formula for calculating the Maximum Quantities Mark);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of the same criminal records and judgments), and application of one copy of summary order Acts and subordinate statutes, respectively;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment (in cases where the previous case is two times, etc.);

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Jan. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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