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(영문) 청주지방법원 제천지원 2015.11.26 2015고단509
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

[criminal power] On January 4, 2008, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 from the same court on April 4, 2008 to a fine for the same crime.

【Criminal Facts】

On October 7, 2015, at around 21:47, the Defendant driven a rocketing car with a blood alcohol content of about 0.136% in the same 50-meter section from the Do in front of the Tong-dong, Seo-dong, Seocheon-si to the roads preceding the Seo-dong, Seo-dong, Seo-dong, the Defendant driven the rocketing car with a alcohol content of about 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, repeated statements, investigation reports (Attachment to the same type of summary order), summary order (207 high-ranking order, 47198, 208 high-ranking order9633) and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of punishment twice due to drunk driving, and that the risk is considerable in light of the defendant's blood alcohol concentration level, the defendant's confession and reflects the crime of this case, and that the defendant has no criminal record of probation or higher is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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