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(영문) 청주지방법원 2019.02.20 2019고단2
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On September 30, 2008, the defendant has been punished two times or more for the violation of the Road Traffic Act (driving) by a fine of 5 million won due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on September 30, 2008, and a fine of 3 million won due to the same crime in the same court on December 17, 2007.

On December 21, 2018, at around 20:45, the Defendant driven a Flus vehicle in the state of alcohol alcohol concentration of about 0.087% from the 1km section to the front road of “E” in the “C” restaurant located in Mosan-gun B from the front road of “E” in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances in which the criminal records of the same kind are in favor of three times: the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and the circumstances before and after the crime are considered to be against his/her wrong judgment; and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., shall be determined as per the disposition, taking into comprehensive account the aforementioned circumstances

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