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(영문) 춘천지방법원 속초지원 2014.10.29 2014고단346
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 August 11, 2008, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine for the same crime from the same support on October 27, 2010.

The defendant 2014

8. On November 11, 05:00, from the Singue Hospital located in Sinsi-si, Sinsi-si around 05:30 on the same day, he driven B Mez car under the influence of alcohol content of about 6km from about 0.148%, to the upper road at approximately 200 meters away from the 190m mix-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), criminal investigation reports (criminal records and attachment of criminal records, such as driving of sound), five summary orders, and application of Acts and subordinate statutes of one of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (in consideration of the fact that the same criminal record is several times including a suspended sentence of imprisonment, and that the blood alcohol concentration level is high, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act (to prevent recidivism in light of the preceding unfavorable circumstances);

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