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(영문) 청주지방법원 2013.10.30 2013고단1054

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 4, 2008, the defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on February 4, 2008, and on February 5, 2010, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Cheongju District Court on February 5, 201 and was sentenced to a suspended sentence of two years for a violation of

On March 9, 2013, at around 22:55, the Defendant was under the influence of alcohol 0.068% in the 50M section from the front of the restaurant of the sports unit in the Young-gu, Chungcheongnam-si Science Complex to the front of the school located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the drinking driving control, and report on the circumstantial statement of a drinking driver;

1. Previouss before and after judgments: Criminal records, replys to criminal records, judgments, and application of Acts and subordinate statutes governing summary orders;

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. Article 62 (1) of the Criminal Act;

1. To determine the punishment as ordered in consideration of the favorable circumstances, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act leads to the confession of the crime, and the fact that the defendant has the records of punishment several times for the same crime, and other unfavorable circumstances, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc.