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(영문) 청주지방법원 충주지원 2017.03.29 2016고단999

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

[criminal history] The Defendant, at the Cheongju District Court on July 13, 201, has a record of receiving a summary order of KRW 2,500,000 for a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking on drinking), a summary order of KRW 4 million for the same crime in the same court on March 5, 2013, and a summary order of KRW 5 million for the same crime in the same court on August 22, 2014.

[2] On December 20, 2016, the Defendant driven a car with approximately 1.5 kilometer from the apartment site of Yongsan-gu, Yongsan-si, Yongsan-si, Yongsan-si to the front of the agricultural warehouse located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to approximately 0.089% alcohol level during blood while under the influence of alcohol level 0.089%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same criminal record and confirmation of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the defendant committed the instant crime even though he/she had been subject to four times punishment for driving alcohol: The defendant is recognized to commit the instant crime; the instant crime is due to the care prior to the day, and the defendant's blood alcohol concentration is not high; the defendant has no criminal record of suspended execution or higher; the above circumstances and the defendant's age, sex behavior, environment, circumstances, means and consequence of the instant crime; and the circumstances after the crime, etc. shall be determined as ordered in consideration of all the sentencing conditions.