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(영문) 춘천지방법원 원주지원 2014.03.25 2014고단76
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 July 23, 2010, the Defendant received a summary order of a fine of six million won or more due to a violation of the Road Traffic Act (driving) from the original branch of the Chuncheon District Court on July 23, 2010, and was sentenced to a fine of three million won or more due to a violation of the Road Traffic Act (driving) in the same support on March 15, 2013.

On February 9, 2014, at around 22:30, the Defendant: (a) driven a vehicle B while under the influence of alcohol with approximately KRW 1.5km alcohol concentration of 0.098% from the section of approximately 1.5km from the 170-way Dolle, a Dolle, a Dolle, to the Dolle, located in the same Dolle of Dolle.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (user);

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (former records and report on the results of confirmation);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen of the kind of punishment ( Taking into account the previous conviction of the same kind);

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, Apr. 2

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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