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(영문) 청주지방법원 2017.04.13 2016고단2065

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

【Criminal Records of Crimes】 The Defendant, at the Daegu District Court on October 4, 2006, issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1.5 million for the same crime in the same court on October 10, 2006, and issued a summary order of KRW 1.5 million for the same crime in the same court on July 13, 2010.

【 범죄사실】 피고인은 2016. 9. 1. 02:25 경 혈 중 알코올 농도 0.121% 의 술에 취한 상태로 청주시 서 원구 산 남동 소재 하모니 마트 앞 노상에서 같은 동 소재 퀸 덤 아파트 앞 노상까지 약 100m 구간에서 D 카니발 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a report on confirmation of the original records of the suspect's drinking);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are four times the same military force. In addition to fines by the same kind of force, there are no criminal records for sentencing: o-friendly sentencing factors: recognition of errors and reflectability; o-in other factors of sentencing under Article 51 of the Criminal Act, comprehensively setting the sentence as ordered.