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(영문) 춘천지방법원 강릉지원 2014.07.10 2014고단484
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 December 22, 2008, the Defendant was punished for a violation of the Road Traffic Act (driving) at the Gangnam Branch Branch of the Chuncheon District Court on December 22, 2008 by a fine of KRW 500,000,000,000 for a violation of the Road Traffic Act (driving). On November 18, 2009, the above court was sentenced to a fine of KRW 5 million due to the same crime, etc., and the Defendant is a person engaging in driving of freight cars.

On May 26, 2014, at around 01:50, the Defendant driven the above vehicle of the Defendant within a about 10 km radius from the old corner of the Defendant’s friendship D located in Gangseo-si C to the 25.6 km of the East Sea Highway, which is located in the luxan of Gangseo-si, Gangwon-si, Gangwon-si. The Defendant was under the influence of alcohol by 0.18 percent of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., serious reflection);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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