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(영문) 청주지방법원 2017.01.19 2016고단1694
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 February 12, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1,00,000 for a crime of violating the Road Traffic Act at the Cheongju District Court on February 12, 201, and a summary order of KRW 4 million with the same court on January 14, 2015 for a crime of violating the Road Traffic Act.

On June 13, 2016, at around 23:05, the Defendant driven BM car under the influence of alcohol content of at least 0.141% during blood at a distance of approximately 100 meters from the street in front of the same number of middle schools located in Suwon-si, Suwon-si to the street in front of the same number.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving, and notification of the results of crackdown on driving alcohol (digitalization of documents);

1. A reply to inquiry, such as criminal history, (A), a report on investigation (verification of such past record), and the application of summary order statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the criminal facts for sentencing under Article 62-2 of the Criminal Act, which include both the criminal facts of the same kind and four times before the previous conviction, the measurement of drinking alcohol, the circumstances leading to the crime, and the reflection of the order;

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