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(영문) 청주지방법원 제천지원 2016.09.22 2016고단220
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 19, 2012, the Defendant received a summary order of a fine of KRW 4 million for a crime of violating road traffic laws at the Jung-gu District Court on August 19, 2012, and on January 2, 2013, the Defendant received a summary order of KRW 6 million for the same crime at the Seoul Northern District Court.

[2] On May 10, 2016, the Defendant: (a) driven Csch Rexton car under the influence of alcohol content of about 1km from May 10, 2016 to around 298, at around 1km, from May 10, 2016, to around 298, at the same time.

around 07:55 on June 26, 2016, the Defendant turned Csch Rexton car under the influence of alcohol concentration of about 2 meters at approximately 0.120% in blood, around June 26, 2016.

Summary of Evidence

[2016 Highest 220]

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Inquiries about the results of crackdown on driving alcohol;

1. A statement of alcohol alcohol during blood (2016 highest 291);

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, report on the detection of the driver at home, and investigation report (the application of the aforementioned marks);

1. Inquiries about the results of crackdown on driving alcohol;

1. A response to a request for appraisal (the records of the judgment);

1. Written inquiry about criminal history, etc.;

1. Investigation reports (Attachment of the same type of judgment);

1. Application of statutes governing judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes by concurrent crimes with the punishment prescribed for a violation of Road Traffic Act on May 10, 2016, with heavier penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows.

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