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(영문) 청주지방법원 제천지원 2015.06.04 2015고단115
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

[criminal power] On March 6, 2013, the Defendant received a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on March 6, 2013, and a person who received a fine of KRW 3 million for the same crime in the Cheongju District Court Support on February 28, 2014.

【Criminal Facts】

On March 20, 2015, at around 21:05, the Defendant driven a B-to-be car under the influence of alcohol content of 0.114% at a distance of about 2 km from the front road of the Human Apartment apartment to the front road of the same city located in the center of the same city as the city, the Defendant driven a B-to-be car under the influence of alcohol content of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of drinking drivers' statement, the details of enforcement, and the inquiry into the results of the drinking driving control;

1. Previous records of judgment: Inquiries into inquiry reports (criminal records), investigation reports (Attachment to printed materials of judgment), application of statutes governing judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to six months;

2. The Defendant, who was sentenced to a sentence, committed the instant crime even though he had the record of punishment several times due to drinking driving, etc., is disadvantageous to the Defendant, and the Defendant has led to the confession and reflect of the instant crime, and the fact that the Defendant has no criminal record more than a suspended sentence is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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