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(영문) 청주지방법원 2015.09.30 2015고단1116

도로교통법위반(음주운전)

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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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2010, the Defendant issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 16, 201, a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Chungcheong District Court on November 11, 2010, respectively, and on March 31, 201, a summary order of KRW 2 million was issued by the Chungcheong District Court on March 31, 201.

On July 6, 2015, at around 02:43, the Defendant driven a DNA car with a blood alcohol concentration of about 0.09% while under the influence of alcohol from around 50 meters from the cafeteria to the street of the same Gu from the mutually aesthetic restaurant located in the Seo-gu, Seo-gu, U.S. (U.S.).

Accordingly, the Defendant, who violated the duty of prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the drinking control result, and report on the situation of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service order under Article 62-2 of the Criminal Act shall be subject to the same punishment as the order of the accused, taking into account the following factors: (a) the reason for the sentencing of Article 62-2 of the Criminal Act; (b) the distance of drunk driving; (c) the distance of drunk driving; (d) the

It is so decided as per Disposition for the above reasons.