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(영문) 청주지방법원 충주지원 2013.11.01 2013고단563

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

On June 30, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong District Court's Cheongju branch on July 17, 2009, and the judgment became final and conclusive on July 17, 2009, and on March 20, 2007, the Defendant was sentenced to a fine of seven hundred thousand won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong branch on March 20, 2007.

The defendant is a person who drives a passenger car in Grandland B.

On August 17, 2013, at around 23:44, the Defendant driven the said vehicle under the influence of alcohol content of about 0.090% from the section of approximately 200 meters from the 200 meters away from the front day of the Mapo-ri cafeteria, a Mapo-Eup, Supo-gu, Supo-gu, Supo-gu, Supo-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (former records and reports attached to judgments);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a previous offense of drinking alcohol driving, the risk of drinking alcohol driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act that intends to strengthen the punishment for drinking alcohol driving: The defendant does not have any previous offense exceeding the fine; the defendant reflects his/her offense; and other circumstances, including the defendant's age, character and behavior, occupation, family environment, etc., are taken into account;