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(영문) 춘천지방법원 원주지원 2015.01.21 2014고단1179
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

On April 20, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the original state support of the Chuncheon District Court on April 20, 2012, and a fine of KRW 5 million for a same crime and a violation of the Road Traffic Act (free license) in the same court on September 14, 2012.

On December 14, 2014, at around 02:40, the Defendant driven a B-hand car under the influence of alcohol with approximately 150 meters alcohol concentration of 0.084%, from the “unclaimed parking lot” to the roads in the same Dong, from the “MJnobya Bank” located in the original city level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and investigation reports (verification of the records that the accused has been punished twice or more due to drunk driving);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act to order the attending lecture [limited to a reasonable circumstance] The drinking alcohol level is relatively low, the driving distance is short, and the driving distance of drinking alcohol does not have any criminal power other than the driving under the judgment (unfavorable circumstances]; and

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