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(영문) 청주지방법원 제천지원 2014.10.23 2014고단304

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 September 8, 2011, the Defendant received a summary order of KRW 3 million from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act ( sound driving), and on May 21, 2007, a fine of KRW 3 million from the Jungbu District Court to a fine for the same crime, and on May 21, 2007, three times the same criminal records are added.

On June 12, 2014, around 23:15, the Defendant driven B Lone Star Vehicles while under the influence of alcohol content of 0.196% at the 109-dong parking lot for Goam apartment 109, Goam apartment 14-9.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver, the report on detection of the driver, and the written appraisal of blood alcohol;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning the same military record;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of serving several times of punishment for the same kind of crime, and the blood alcohol concentration is very high, and the nature of the crime is not good in light of the fact that the defendant caused a traffic accident.

Provided, That the punishment shall be determined as ordered in consideration of the fact that the defendant has no criminal records of qualification suspension or more severe punishment, and all other sentencing conditions, such as the health conditions of the defendant.