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(영문) 청주지방법원 2016.12.07 2016고단2107

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 power] On April 9, 2010, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the Cheongju District Court on the same day, on May 18, 2010, a summary order of KRW 4,00,000 for the same crime from Sungnam Branch Branch of Suwon District Court on the same day, and on October 14, 201, a summary order of KRW 3,50,00 for a fine of KRW 1,50 for the same crime.

【Criminal Facts】

On September 10, 2016, the Defendant driven BM5 car under the influence of alcohol concentration of 0.156% at the 0.156%, from the Do located in Seowon-gu, Seowon-gu, Seowon-si, Seowon-si to the roads in front of the “high-speed frequency” located in the same Gusannam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' standing, and report on the state of drinking driving;

1. A written request for appraisal, and a written report on the client's actions;

1. Previous convictions in judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes of Part IV of the summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant committed the crime of this case even though he had the record of punishment several times due to drunk driving, and the defendant's blood alcohol concentration is considerable in light of the defendant's blood alcohol concentration level, the defendant's considerable risk is disadvantageous to the defendant. The defendant led to confession of the crime of this case and reflects it, and the defendant has no criminal record of suspended execution or more

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.