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(영문) 청주지방법원 2015.12.17 2015고단1845

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 3, 2010, the Defendant issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on August 3, 2010, and KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the same court on June 19, 2013.

On October 17, 2015, at around 00:35, the Defendant driven CK5 car from the front of the Cheongju-si Cheongju-si cafeteria, Cheongju-gun, the Seoul Cheongcheon-gun, the Seoul Gyeong-gun, the first day of the restaurant at the Cheongju-si, the Cheongcheon-si, the Cheongcheon-si, the Cheongju-si, the Seoul Cheongwon-gun, the front day of the 1269 Manyeong-gun, the

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of, and report on detection of, a host driver;

1. Previous records: Application of two copies of inquiries about criminal records and summary order, and of two copies of the summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. A suspended sentence under Article 62(1) of the Criminal Act has the record of being punished several times by a fine due to a crime of driving under influence of alcohol for the reason of sentencing (hereinafter referred to as the following sentencing), and the fact that a person committed the same kind of crime even though having been punished several times due to the crime of driving under influence of alcohol, he/she is expected not to drive until he/she is divided in depth, and thus, he/she is expected not to drive until he/she begins. A favorable circumstance, such as the fact that his/her spouse and children and his/her children should be supported by a prolonged hospitalization, and the fact that he/she shall be supported by a prolonged