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(영문) 청주지방법원 제천지원 2013.11.14 2013고단786
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

[criminal power] On September 8, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court Support on the Cheongju District Court on September 8, 2009, and the same court on November 9, 2010, sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 28, 2013, at around 02:02, the Defendant driven approximately 3 meters of the bareboat cargo vehicle while under the influence of alcohol concentration of 0.114% on the front of the parking lot for the boom-dong Modern Gota-dong, Mocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous convictions in judgment: Inquiry letter-criminal history, summary order and application of statutes governing judgment;

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

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the distance driven by the defendant is very short of three meters, that the defendant supports a baby by neglecting the disabled person, that the defendant disposes of the vehicle and makes the defendant not to repeat again while reflecting the error);

1. Social service businesses under Article 62-2 of the Criminal Act;

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