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(영문) 청주지방법원 2017.05.11 2016고단2618

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 31, 2006, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court on October 31, 2006, and a person who was sentenced to a summary order of KRW 4 million for the same crime in the same court on March 5, 2007 by receiving a summary order of KRW 4 million for the same crime from the same court on at least two occasions.

On November 13, 2016, the Defendant driven a BE e-sports car under the influence of alcohol content of at least 0.137% in blood from the front of the Heung-gu So-gu So-gu So-gu So-called So-called So-called So-called Osan Do-ri, Osan-ri, Osan-do to the front road in the same Gu-ro Cheongsan Do-ro to the front road.

As a result, the Defendant had been punished more than twice for a crime of violating the Road Traffic Act, but has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. Previous convictions in judgment: References to criminal records, replys to criminal records, application of Acts and subordinate statutes (formers and confirmations);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning orders to provide community service and attend lectures;