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(영문) 청주지방법원 2016.06.28 2016고단273

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court, and on December 13, 2006, a fine of KRW 1,00,000 to a fine for a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court.

On December 14, 2015, the Defendant, around 08:50, driven D Karen car under the influence of alcohol concentration of about 0.091% from the 8km section to the road adjacent to the access road to the outermost road of the Gun, which is located in the Dong-ri of Eup, the same Gun, from the roads adjacent to the village located in the westwest of the Gun, the northwest, the Gun, in the direction of alcohol concentration of around 0.091%.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Written inquiry about criminal history, etc. (A);

1. Investigative report (verification of the history of punishment for driving the same kind of drinking alcohol), application of Acts and subordinate statutes of Part III of the summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In addition to all criminal facts of sentencing under Article 62-2 of the Criminal Act, the charges of recidivism are heavier than those of the crime in that it committed a second offense, even though the person had a record of having received a fine of seven million won due to the refusal to measure drinking on July 19, 2012.

In full view of the sentencing conditions of Article 51 of the Criminal Act, including the fact that the defendant is against the defendant and has no criminal record exceeding the fine, the punishment shall be determined as ordered.