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(영문) 청주지방법원 충주지원 2013.07.05 2013고단283

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 January 23, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch's Assistance on January 23, 2007. On April 25, 2008, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch's Assistance.

On May 20, 2013, the Defendant driven his BIVIC car under the influence of alcohol 0.094% in blood alcohol concentration at the front of the women's hall located in Samsung 1 apartment in the same Dong in front of Samsung 1 apartment located in Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report 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 which choose the penalty;

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 following circumstances are taken into account: (a) the offender committed the instant crime even if he/she had a previous record of drunk driving on several occasions; (b) the risk of drunk driving; and (c) the purpose of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The Defendant reflects the crime; (d) the Defendant has no criminal record exceeding the fine; and (e) the Defendant has no criminal record; and (e) the conditions for sentencing