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(영문) 청주지방법원 2018.04.24 2017고단1147
도로교통법위반(음주운전)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2009, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3,00,000 as a crime of violating the Road Traffic Act (dacting driving) from the Cheongju District Court on January 5, 2015, respectively.

Criminal facts

On January 14, 2017, the Defendant driven B K7 vehicles under the influence of alcohol concentration of approximately 0.10% in a 20-meter radius from the road in front of the 4-3-gil of the old-gu Cheongju-si, Cheongju-si to the road in front of the 18-3-gil of the 195-3-Ga, the Gu-Si, Cheongju-si, Seoul, to the road in front of the 1-ro, the 1-ro, the 1-ro, the 20-ro, the main body

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report, a statement report on the circumstances of a driver driving, notification of the results of regulating drinking, and the ledger of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report accompanied by a copy of the previous criminal suspect and the summary order), and a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the statement of the accused concerning the circumstances of operation, the point of reflection, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the violation of law and the absence of the same criminal record as or higher than the suspension of execution);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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