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(영문) 청주지방법원 2013.12.27 2013고단1384
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 17, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Cheongju District Court on June 17, 2009, and seven months in the same court on August 20, 2008.

On August 31, 2013, at around 18:25, the Defendant was under the influence of alcohol with 0.226% of blood alcohol content, and the Defendant was under the influence of alcohol at approximately 30m of B Poter cargo vehicle around the 532 Accompanuma in front of the Cccompanuma 532.

The defendant of "2013 Highest 1423" was sentenced to six months of imprisonment with prison labor by the Cheongju District Court on June 17, 2009 for a violation of the Road Traffic Act (driving) and seven months of imprisonment with prison labor by the same court on August 20, 2008.

At around 17:20 on September 19, 2013, the Defendant driven a volume of approximately 5 km from the front of the Cheongbuk-gun, Chungcheongnam-do, to the front of the Cheongju-si, Cheongju-do, a considerable range of 0.22% alcohol level.

Summary of Evidence

"2013 Highest 1384"

1. Defendant's legal statement;

1. The actual condition survey report, accident-related photographs, the main driver's license report, and the statement of the actual condition of the driver;

1. Previouss before judgment: Criminal records, etc., and investigation reports (attached to judgments)"shall be attached;

1. Defendant's legal statement;

1. A report on detection of a drinking driver, a manual for enforcement, and a circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate 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. From among concurrent crimes, there are favorable circumstances such as the confession of the defendant for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the defendant has been punished several times for the same kind of crime, and the defendant has been driving twice, and the degree of drinking alcohol also exceeds 0.226% and 0.22%.

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