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(영문) 청주지방법원 충주지원 2015.02.13 2014고단381
도로교통법위반(음주운전)등
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 became final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notification of the control results of drinking driving;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to foreign crimes and investigation history data inquiry and investigation reports (Attachment to previous records and copies of summary order);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The following circumstances are taken into account: (a) even though the criminal records of the same kind of crime were two times; (b) the person committed the instant crime; (c) the blood alcohol concentration was high at the time of the instant driving; (d) the risk of drinking and non-licensed driving; and (e) the circumstances favorable to the need for strict punishment: The person committed the Defendant at the time of committing the crime; (c) there is no criminal history beyond the fine of the Defendant; and (d) other circumstances that form the conditions for sentencing as shown in the records

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