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(영문) 청주지방법원 2017.09.06 2017고단1159
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 June 3, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving), and on May 14, 2009, the same court received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving), and on September 14, 2010, the same court was sentenced to a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving), and on December 18, 2013, received a summary order of KRW 6,00,000 as a fine by the same court.

[2] On May 19, 2017, Defendant 1, as a person who violated the foregoing provision on prohibition of drinking driving twice or more, driven a DNA-learning car under the influence of alcohol with approximately KRW 0.164% alcohol content in the front of the apartment complex, from around 200 meters to around the 6th day of the main apartment complex located in the same Dong in the public restaurant where the trade name in the public-private partnership in the public-private partnership in the public-private partnership in the public-private partnership in the public-private partnership in the public-private partnership.

Summary of Evidence

The defendant's legal statement alcohol driving control results, previous records of his/her statement report: A reply to inquiry, such as criminal records, three copies of the summary order, and one copy of the judgment

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, repeated the driving of drinking, even though he/she had the record of being fined four times due to drinking driving.

However, the punishment shall be determined in consideration of the sentencing factors, such as the defendant's age, sex, environment, etc., which reflects the defendant's mistake, and the fact that there is no other criminal record than the above fine.

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