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(영문) 청주지방법원 2013.09.25 2013고단892
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 1, 2009, the Defendant received a summary order of 700,000 won from the Cheongju District Court to a fine for a violation of the Road Traffic Act. On April 22, 2013, the Defendant received on May 29, 201, a summary order of a fine of 2 million won as a crime of violation of the Road Traffic Act from the Cheongju District Court on May 29, 2013.

Criminal facts

On May 20, 2013, the Defendant driven BF truck under the influence of alcohol leveling 0.056% from the 2km section of approximately 2 km to the road front of the Northwest-dong located in the area of Cheongju-si, a considerable amount of Cheongju-si, to the road front of the Northwest-dong, a considerable amount of Cheongju-si, the Defendant driven the BF truck under the influence of alcohol leveling 0.056%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the drinking driving control, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of each summary order statutes;

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. The favorable circumstances such as the confession of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act and the fact that there is no record of having been sentenced to suspended sentence or more severe punishment, and the defendant shall determine the punishment as ordered in consideration of all the factors of sentencing, including the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc.

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