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(영문) 청주지방법원 제천지원 2014.04.24 2014고단68
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2009, the Defendant was notified of a summary order of a fine of KRW 500,000 for a violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District Court on October 14, 2009, and on June 24, 2010, the Defendant was notified of a summary order of KRW 2 million for the same crime in the same court.

On January 19, 2014, at around 20:05, the Defendant driven a knive-in car under the influence of alcohol content 0.058%, from the front of the long-term apartment located in the Yacheon-si, Shincheon-si to the front road in the 20:10 on the same day, the Defendant driven a knive-in car under the influence of alcohol content 0.058%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of summary order) related to criminal records, etc.;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (see, e.g., Supreme Court Decision 200Do148-2 (1) of the Road Traffic Act);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of blood alcohol concentration and circumstances, etc. in which he/she has caused driving);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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