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(영문) 청주지방법원 2013.07.03 2013고단584

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 became final and conclusive.

Reasons

Punishment of the crime

On January 29, 2007, the Defendant was issued a summary order of KRW 2 million for a fine of KRW 3 million for a violation of the Road Traffic Act, etc. at the Cheongju District Court on July 6, 2009, with a fine of KRW 3 million for a violation of the Road Traffic Act at the Cheongju District Court on July 29, 2009.

On March 17, 2013, at around 13:09, the Defendant driven a BOs car with a blood alcohol content of at least 0.154% in a section of approximately 700 meters from the front side of the SK Telecom, located in the Seocho-gu, Donsan-gun, Donsan-gun, BOs car under the influence of alcohol with a blood alcohol content of at least 0.154% from the front side of the 190 foot, located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on detection of a host driver, report on the circumstances of a host driver, and investigation report (official application of the Ba mark);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. The sentence shall be determined as ordered in consideration of the favorable circumstances such as the fact that the defendant confessions and reflects the reason for sentencing under Article 62 (1) of the Criminal Act, and the fact that the defendant has been punished several times for the same kind of crime, and all other factors of sentencing such as the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime;