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(영문) 청주지방법원 2016.06.10 2015고단2099

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by imprisonment for eight months;

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

Reasons

Punishment of the crime

On April 19, 2005, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on January 28, 2008, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on June 3, 2008, respectively.

On September 20, 2015, while under the influence of alcohol content of 0.176% among blood transfusions, the Defendant driven a Bsch Rexroth car owned by the Defendant from around about 2 km to the front road of the bus stop at the Seowon elementary school bus stop at Seowon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, 1353, a street from the trade name unfluencing house located in the Soak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to the street in front of the stop site at the Seowon elementary school bus stop.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking, and inquiry into the vehicle;

1. Previous convictions in judgment: Inquiries about criminal history, application of Acts and subordinate statutes of 2003, 19548, 2005 punishment, 9056, 2008 punishment, 1595, 2008 punishment, 20406);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. Inasmuch as the standard for sentencing is not established for the crime of this case on the grounds of the observation of protection and the order to provide community service and the order to attend a lecture, the sentencing is not provided for in Article 62-2 of the Criminal Act, the sentence like the order shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, occupation, sex

The Defendant again committed the instant crime even though he had been punished several times due to the same kind of crime.

The favorable circumstances - mistake is divided.

-not less than four times of fine, but not less than four times of suspended execution.