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(영문) 청주지방법원 충주지원 2013.11.08 2013고단311
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 March 30, 2007, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on March 30, 2007; on April 10, 2009, a summary order of KRW 2.5 million to a fine for the same crime; and on October 26, 201, the same court was sentenced to a fine of KRW 2 million to a fine for a violation of the Road Traffic Act (driving).

On November 9, 2012, the Defendant driven a Cump truck with a alcohol level of 0.147% at around 01:25, the Defendant driven the said vehicle at a section of about 300 meters from the lower parking lot located in the Dondong-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, to the front of the Dondong-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to inquiries into residents' data, investigative reports (report accompanied by a copy of summary order and a certified copy 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 that choose the penalty; Selection of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: The defendant committed again the crime of this case even if he 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 the punishment for drunk driving: The defendant reflects the crime, and considering various circumstances that form the conditions for sentencing as shown in the records, such as the background of the crime of this case, the age, character and conduct, occupation and home environment, etc.

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