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(영문) 청주지방법원 충주지원 2014.01.17 2013고단632
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 December 11, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime from the Cheongju District Court on June 22, 2009.

On August 31, 2013, at around 17:10 on August 31, 2013, the Defendant driven B cargo vehicles with blood alcohol content of 0.154% from before the site of the water industrial complex located in Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front route of the Asian industry, which is in the process of chilling in the large area of the Aar industry.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A performance-based driver report and requests for appraisal;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a previous record of drunk driving, the risk of drunk driving, and the purpose of the revision of the Road Traffic Act to strengthen punishment for drunk driving: The defendant reflects his/her crime, and considering various circumstances, which are the conditions for sentencing as shown in the records, such as the defendant's age, character, conduct, occupation and home environment, etc.

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