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(영문) 춘천지방법원 강릉지원 2015.05.28 2015고단221
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 8, 2015, at around 22:30, the Defendant driven a small-scale car under the influence of alcohol level of approximately 1km from the front road of the “fluoral pen” to the front road of the same Simamama-dong from the front road to the front road of the same Simama-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

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 sentence shall be determined as per the disposition, comprehensively taking into account the following various circumstances, including the following: the reason for sentencing under Article 62(1) of the Criminal Act; the fact that the defendant has been sentenced to a fine on two occasions due to a drunk driving; the fact that the defendant has not caused any additional traffic accident due to a drunk driving; and the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime;

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