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(영문) 청주지방법원 2018.10.04 2018고단1454

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 November 28, 2013, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (drinking), etc. at the Cheongju District Court, and was sentenced to a fine of KRW 2 million on April 22, 2009, and was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the Sungnam branch support center, respectively, on two or more occasions. On June 25, 2018, the Defendant again driven a car at a low level of alcohol concentration of KRW 0.74% B from the blood alcohol level to the road located in the Cheongju branch located in the Cheongju-si Eup branch in the same Eup branch of the Dongju branch of the Dongju branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. An explanatory note;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the history of punishment for driving a suspect's drinking), one copy of judgment, and one 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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

The fact that the defendant has been already punished twice due to drinking driving is confessioned to the fact that he/she has been subject to punishment, and that he/she has no record of punishment more than suspended execution.