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(영문) 청주지방법원 2013.09.25 2013고단926
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 August 26, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Cheongju District Court on August 26, 2010, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Cheongju District Court on July 8, 2010.

On June 5, 2013, at around 18:01, the Defendant driven B Poter cargo in the state of alcohol alcohol concentration of about 0.236% from the 7km section to the front road of the International Industrial Complex located in Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jin-gun, the Defendant driven the B Poter cargo in the state of under the influence of alcohol concentration of about 0.236%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a manual for control;

1. Previous records: The application of criminal records, inquiry and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The favorable circumstances, such as the confession of the defendant for sentencing under Article 62-2 of the Criminal Act and the fact that there is no record of having been sentenced to suspended sentence or more severe punishment, and the defendant shall determine the punishment as ordered in consideration of all the factors of sentencing, including the defendant's age, character and conduct, environment, circumstances of the crime and circumstances after the crime, etc.

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