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(영문) 청주지방법원 충주지원 2013.07.26 2013고단314
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 August 17, 2007, the Defendant received a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act (driving) from the Chungcheong District Court of Chungcheongju on August 17, 2007, and a summary order of KRW 3 million for the same crime in the same court on March 15, 2010, respectively.

On May 23, 2013, at around 22:42, the Defendant driven a B B B B B car while under the influence of alcohol content of about 0.094% in a section of approximately 100 meters in front of the Chungcheong class in front of the Chungcheong class office located in the Chungcheong class, Chungcheongnam-si, Chungcheongnam-si.

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 criminal records, etc. and investigation reports (report on the binding of copies of summary orders);

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. 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 circumstances favorable to the purport of the revision of the Road Traffic Act that intends to strengthen the punishment for drunk driving: The defendant has no previous record of a crime exceeding a fine: the defendant reflects his/her crime, and other circumstances, which include the defendant's age, character and behavior, occupation, family environment, etc., are taken into account;

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