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(영문) 청주지방법원 2018.07.05 2018고단21
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 June 9, 2008, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 3 million as a same crime in the same court on April 10, 2014.

Although the Defendant had had a alcohol driving force twice or more as above, the Defendant driven B rocketing car from around 1 km to the 1km road located in the Cheongju City, a trade name in front of a cafeteria located in the 1st place in the Cheongju-dong 21:41 at around December 21, 2017, while under the influence of alcohol content 0.227% at around 21:41.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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