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(영문) 청주지방법원 제천지원 2018.04.12 2018고단35
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 record] On August 21, 2013, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act at the Cheongju District Court’s Jeju District Court’s Incheon Branch on August 21, 2013. On October 29, 2010, the Defendant issued a summary order of KRW 2.5 million for the same crime. On December 28, 2006, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

[Criminal facts] On December 30, 2017, the Defendant driven C rocketing car under the influence of alcohol content of about 0.093% in the blood alcohol content from around 4.7km to the front road of the Non-Powering Center, taking into account that it was in the Gocheon-si, Chocheon-si on December 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking;

1. A previous conviction in judgment: Application of three copies of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings), and summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

Unfavorable circumstances: The defendant has been sentenced to a fine due to drinking at least four times.

The favorable circumstances: The mistake is divided.

There is no criminal history exceeding a fine.

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