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(영문) 청주지방법원 충주지원 2014.06.20 2014고단185

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 March 6, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on March 6, 2009, and a summary order of KRW 2 million as a fine in the same court on July 31, 2009, respectively.

Criminal facts

The defendant is a person who drives B Launa car.

피고인은 2014. 3. 27 02:20경 혈중알콜농도 0.146%의 술에 취한 상태에서 충북 음성군 금왕읍 무극리에 있는 ‘주공1차아파트’ 앞 노상에서부터 같은 읍 내송리에 있는 ‘팰리스모텔’ 앞 노상에 이르기까지 약 2km의 구간에서 위 차량을 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a motor vehicle;

1. Making a report on the control of drinking driving;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (attached to previous records and copies of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case is committed even though the criminal records of the same kind of crime could be available, the circumstances that are favorable to the risk of additional damage due to drinking and driving without a license: The defendant's time of and reflects the crime, the fact that there is no criminal record exceeding the defendant's fine, and other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation and home environment