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(영문) 청주지방법원 제천지원 2015.11.26 2015고단479
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 November 25, 2009, the Defendant received a fine of one million won for a violation of the Road Traffic Act (driving) from the Incheon District Court on November 25, 2009, a fine of two million won for the same crime in the same court on June 17, 2010, and a fine of six million won for the same crime in the Cheongju District Court Jeju District Court on July 20, 2012.

【Criminal Facts】

On September 18, 2015, at around 07:35, the Defendant driven a B rocketing car with the blood alcohol concentration of 0.088% from the front of the Hashete Apartment apartment in the Hashete-dong, Seocheon-si to the front of the Hashete-gu, Hashete-si, to the front of the Hashete-gu, Do, approximately approximately 200 meters.

Summary of Evidence

1. Once the Defendant’s legal statement 1. Control Records, 1. Report on the Control of Drinking Driving, Notification on the Control of Drinking Driving, Notification on the Control of Drinking Driving, Report on the Control of Drinking Drivers’ Regular Statement: Criminal Records, etc. (A), Investigation Report (Attachment to the same type judgment), Incheon District Court Order No. 2009 High Court Order No. 47467, Incheon District Court Order No. 2010 High Court Order No. 2017274, Incheon District Court Order No. 2017274, 2012 High Court Decision No. 277

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the instant crime even though he/she had the record of punishment three times due to drinking driving, and is disadvantageous to the defendant. The defendant is led to the confession and reflect of the instant crime, and the fact that he/she has no criminal record of suspended sentence or more 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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