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(영문) 춘천지방법원 강릉지원 2015.05.28 2015고단298
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 November 1, 2010, the Defendant received a fine of two million won for a violation of the Road Traffic Act (driving) from the Changwon District Court on November 1, 201, and a fine of one million and five hundred thousand won for the same crime from the Gangnam Branch of the Chuncheon District Court on November 7, 2014.

Despite the fact that the Defendant had been subject to a disposition of violation of the Road Traffic Act (driving) as stated in the above criminal records on two occasions, at around March 27, 2015, the Defendant driven B bus owned by the Defendant with approximately KRW 560 meters from the roads near the three-party post office located in the Namyang-dong, Samyang-dong, which was under the influence of alcohol at a level of 0.125% under the influence of alcohol at around 01:55 on March 27, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant recognizes the crime and reflects the fact that there is no additional traffic accident due to drinking driving, and the fact that there is no record

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