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(영문) 춘천지방법원 속초지원 2014.04.16 2014고단48
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 of the final judgment.

Reasons

Punishment of the crime

1. On January 20, 2014, at around 22:55, the Defendant driven a CCoon car under the influence of alcohol content of 0.065% at the 2km section from January 20, 2014 to the front day of the “tension”-based 23:00 on the same day from the front day of the restaurant of “scam-line” in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

2. On January 21, 2014, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol content of about 0.185% at the 4km section from January 21, 2014 to the 19:36th of the same day from the 19:36th of the “snick line,” which was located in the Sinpodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each host driver, each host driver, and written statement of his/her status;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 3 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Elements unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The driving under this title is conducted, the blood alcohol concentration in the case of driving under influence on January 21, 2014 is significant, and the record of punishment for the same kind of crime before the instant case reaches three times including suspension of execution;

(k) Elements favorable to the crime of this case: A person who had been sentenced to criminal punishment of a fine of KRW 700,000 for the same kind of crime in 201 and has not been sentenced to criminal punishment for the same kind of crime in 14 years thereafter; a person who has been led to the crime of this case; a person who has been led to confession and reflect; and a person who has not been sentenced to criminal

(k) Determination of sentence: It is so decided as per Disposition on the grounds of the suspension of execution two years and 80 hours of community service order or higher in August.

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