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(영문) 청주지방법원 충주지원 2016.09.23 2016고단448
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

[criminal record] On November 20, 2009, the Defendant was issued a summary order of KRW 1.5 million for the same crime from the Chungcheong District Court’s Chungcheong Branch, and a summary order of KRW 2 million for the same crime in the same court on December 13, 2010, respectively.

[Criminal facts] On June 6, 2016, around 19:45, the Defendant driven BMGJET in the state of alcohol 0.110% alcohol level from approximately 150 meters away from the 150-meter section to the front road in front of the top in the same Ri, which is located in the Republic of Korea, the Republic of Korea, Chungcheongnam-si, Chungcheongnam-si, the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of regulating the driving of drinking and a statement in the surrounding circumstances;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving force of drinking), and summary order, to Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the defendant committed the instant crime even though he/she had been subject to several punishments due to drinking driving: The defendant is recognized and contradictory to the instant crime; the above circumstances and the defendant’s age, sexual conduct, environment, circumstances of the crime, means and consequence, and the circumstances after the crime, etc. shall be determined as ordered in consideration of all the sentencing conditions.

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