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(영문) 청주지방법원 2015.04.30 2014고단1211
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 15, 2008, the defendant was sentenced to a suspended sentence of 2 years in the 8-month, and a fine of 5 million won in the court on August 26, 2009 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 25, 2014, the Defendant, while under the influence of alcohol of 02:50% of blood alcohol content, driven a Cropus vehicle over about 1 km from the Defendant’s house located in the Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu to the tunnel.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Previous records of judgment: Resident inquiry and criminal records, investigation reports (verification of criminal records, etc. of the same kind as a suspect A), and application of respective statutes of 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 extenuating circumstances among the reasons for sentencing);

1. The Defendant committed the same kind of crime in the state of repeated exploitation, including the previous criminal records written in the judgment from around 2001 to around 2009, despite the fact that the Defendant had committed three criminal records due to the violation of the Road Traffic Act, including the previous criminal records written in the judgment.

However, the punishment is determined as ordered in consideration of the fact that the defendant reflects the defendant's wrong and the various sentencing conditions such as age, character and conduct, occupation, etc. of the defendant, and the execution of the above punishment shall be suspended, but community service for 160 hours shall also be ordered.

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