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(영문) 춘천지방법원 강릉지원 2015.06.04 2015고단330
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 2, 2007, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 2 million by the same court on February 28, 2008, respectively.

Although the Defendant had had a history of driving twice or more, on April 8, 2015, at around 01:05, 0.118% of blood alcohol concentration, the Defendant driven Cone Star Apartment Vehicle at the section of about 500 meters from the front day to the front day of the vice apartment 104-dong located in the same Dong at the same time under the influence of alcohol level of 0.118%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

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. Article 62 (1) of the Criminal Act;

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