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(영문) 청주지방법원 2017.04.13 2016고단2466

도로교통법위반(음주운전)

Text

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 July 6, 2010, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the Cheongju District Court on July 6, 2010, a summary order of KRW 1,500,000 to a fine for the same crime from the Chungcheong District Court on August 16, 2010, and a person who was sentenced to a summary order of KRW 5,00,000 to a fine at least twice for the same crime at the Cheongju District Court on April 3, 2013.

On October 28, 2016, at around 21:30, the Defendant driven a B horse with alcohol content of about 0.167% in a section of approximately 60 meters from the front of the Heungdong So-dong So-dong Confection Hospital to the front of the Dong Do-do cafeteria.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol even though he/she was punished twice or more due to a violation of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the same summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. An order to provide community service and order to attend a lecture is not low in alcohol concentration during the period of sentencing under Article 62-2 of the Criminal Act and is against the unfavorable circumstances, such as repeated crimes of the same kind, and the fact that there is no record of punishment exceeding fines, etc., and other favorable circumstances, including the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all other factors of sentencing prescribed in Article 51 of the Criminal Act, including the circumstances after the crime, shall be determined as the same as the order.