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(영문) 청주지방법원 충주지원 2013.07.26 2013고단321
도로교통법위반(음주운전)
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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, on November 27, 2009 by the same court, and on October 6, 2010, a summary order of KRW 1 million as a fine for the same crime was issued by the same court.

The defendant is a person who drives a passenger car in B.

At around 21:30 on May 30, 2013, the Defendant driven the said vehicle at a section of approximately 700 meters from the front of the Geum-si bus terminal located in the Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front road, while under the influence of alcohol by 0.057% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the status of the driver;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (report on the binding of copies of summary orders);

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

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 following circumstances are considered in light of the defendant's age, character and conduct, occupation and family environment, etc. committed again even though he/she had a previous record of drunk driving, the risk of drunk driving, and the purport of the revision of the Road Traffic Act to strengthen punishment for drunk driving: The defendant reflects his/her crime, and other conditions of sentencing indicated in the records;

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