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(영문) 청주지방법원 제천지원 2014.11.27 2014고단389
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 March 2, 2004, the Defendant was notified of a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Jeju District Court’s Incheon Branch on March 2, 2004. On March 21, 2007, the Defendant was notified of a summary order of KRW 1.5 million by the same court on March 21, 2007. On July 22, 2010, the Defendant was notified of a summary order of KRW 1 million by the same court on July 22, 2010. On September 25, 2014, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with prison labor for a violation of the Emergency Medical Service Act, and the said judgment became final and conclusive on October 3, 2014.

On September 6, 2014, at around 01:15, the Defendant driven a BM5 car under the influence of alcohol content of 0.283%, from around 2km to the front road of Solar apartment road located in Seocheon-si, Cheongcheon-ro, 01:24 on the same day from September 6, 2014 to 01:24 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. 주취운전자 정황보고서, 주취준�자 적발보고서

1. Previous records of judgment: Criminal history records, investigation reports (Attachment of a copy of a summary order), case agreement auxiliary meetings, and application of Acts and subordinate statutes of ruling 2014 high-level285 shall apply;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the crime in this case even though he had a history of punishment several times due to drunk driving, and the blood alcohol concentration is very high, and the crime is not good due to the occurrence of traffic accidents.

Furthermore, while the Defendant was tried to commit a crime in violation of the Emergency Medical Service Act, the Defendant is subject to strict punishment.

However, the defendant has no penalty power except the punishment power in the judgment, and the judgment has already been made.

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