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(영문) 청주지방법원 2017.04.13 2016고단1984
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 December 14, 2010, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Cheongju District Court on December 14, 2010, and was sentenced to a fine of 4.5 million won for a crime of violating the Road Traffic Act at the Cheongju District Court on October 5, 2012.

As above, the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking), and driven B rocketing car from around 3 km to the front of 43 km of Cheongju-si, Cheongju-si, in the state of alcohol concentration of 0.158% under the influence of alcohol during blood at around 00:55 on July 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there was a history of having been sentenced to a fine on several occasions due to drinking driving. The so-called favorable sentencing factors: there was no particular criminal record that the person was sentenced to the said fine. Recognizing the mistake and reflectiveness. Do and other factors of sentencing under Article 51 of the Criminal Act, the sentence should be determined as per the disposition,

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