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(영문) 청주지방법원 2018.10.04 2018고단743
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3.5 million as a fine in the same court on June 21, 2013, respectively, by the same crime.

On March 30, 2018, the Defendant driven a B Poter vehicle from the front side of the So-called So-called So-called So-called De-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

As a result, the Defendant was punished for not less than twice due to drinking, but was driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the confirmation of criminal history of the same kind);

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;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1248, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);

1. The community service order under Article 62-2 of the Criminal Act;

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