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(영문) 청주지방법원 2016.08.11 2016고단581

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2007, the Defendant was punished by a fine of KRW 700,00 for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on August 7, 2007, and on December 4, 2009, the same court was sentenced to a fine of KRW 2.5 million for the same crime.

On March 23, 2016, at around 19:47, the Defendant driven a BM520 car under the influence of alcohol content 0.213% without a vehicle driver’s license from around 2km of approximately 0.2km to the front of the same Eup Do to the 69mn Fire Station of the same Eup Do, the mutual influent restaurant located in the Donsan-Eup, Chungcheongnam-gun, Chungcheongnam-do., the Defendant driven a car under the influence of alcohol content 0.213%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the details of crackdown and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes of report on investigation (Attachment of criminal record and copy of judgment);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 fact that a total of three times of fines due to drinking driving is more than 0.2%, drinking volume exceeds 0.2%, reflects the fact that an order to attend a lecture, including the previous conviction in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act, and other punishments such as the order shall be determined by comprehensively taking into account the sentencing conditions under Article 51 of