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(영문) 청주지방법원 2019.07.23 2019고단853
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 4, 2008, the Defendant has been sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act at the Cheongju District Court on July 4, 2008, and a fine of KRW 2,50,000 for the same crime at the same court on September 13, 2018, respectively.

(Criminal Facts of Crimes) On March 7, 2019, the Defendant, while under the influence of alcohol on 0.135% of alcohol level, driven a Cstoke car at the section of about 1km from the cafeteria-dong, Seo-gu, Cheongju-si to the front of the Cheongju-si apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation on drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), control records, meeting report for appraisal, and report on detection of drinking drivers;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); imprisonment (the same kind of electricity, etc.)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (number of times of the same kind of electricity, degree of blood alcohol concentration, etc.);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of suspended sentence of imprisonment or more);

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

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