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(영문) 청주지방법원 2018.11.23 2018고단2357

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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] On November 3, 2016, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court, and on May 4, 2009, issued a summary order of KRW 500,000 for the same crime by the same court.

[2] Around October 09, 2018, the Defendant driven a B-te motor vehicle under the influence of alcohol content of about 100 meters from the 135 Do to the same Gu road as the 130 Do road at around 02:57 on October 09, 2018, while under the influence of alcohol content of about 0.127%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (reports attached to summary orders);

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

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: The circumstances in which the same criminal record and the second criminal record are committed are considered to be against the defendant's wrong, and the fact that there is no criminal record exceeding the fine, the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. shall be determined as per the order, comprehensively taking into account the above circumstances;