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(영문) 청주지방법원 충주지원 2016.04.15 2016고단26

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 is a person who had been sentenced to a fine of KRW 1.5 million in the Daegu District Court on April 6, 2004 due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 15, 2010; a fine of KRW 1.5 million in the same crime at the Chungcheong District Court on September 15, 201; a fine of KRW 2 million in the same crime from the Chungcheong District Court on April 20, 2012; and a person who had been sentenced to a fine of KRW 6 million in the same court on July 16, 2012 due to a violation of the Road Traffic Act (driving).

[2] On January 8, 2016, at around 20:30, the Defendant driven a B B mountain-pet car under the influence of alcohol content at approximately 0.075% of alcohol content in front of the pharmacy in the same voice Eup/Myeon from the Yan apartment parking lot located in the Yan-gun Acheon-ri, Yanbuk-gun, the voice-gun, the Eup, the voice-gun, the Defendant, at around 20:30, around the same day.

As a result, the Defendant, who has been punished more than twice due to a violation of the Road Traffic Act (drinking), was driving a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of drinking, a written statement of the driver's license, and inquiry about the results of crackdown on driving;

1. A response to appraisal, or a report on the detection of electronic devices made;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and the copy of the summary order), and application of the same summary order under Part IV of the same summary order;

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Act: The circumstances in which the Defendant was sentenced to a summary order of fines for the same kind of crime, but the Defendant is recognized as all of the instant crimes, and the Defendant’s degree of alcohol in blood at the time of the instant crime is relatively high, and the above circumstances and the Defendant’s age, sexual behavior, etc. are committed.