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(영문) 청주지방법원 2018.06.21 2018고단216
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 13, 2012, the Defendant was notified of a summary order of a fine of KRW 9 million due to a violation of road traffic law in the Changwon District Court's Mapo Branch on August 13, 2012, and was sentenced to imprisonment for a violation of road traffic law at the Suwon District Court's branch on October 2, 2008, and seven times the Defendant was sentenced to imprisonment for a violation of the same kind of crime (driving under drinking), such as a violation of the Road Traffic Act.

On February 5, 2018, around 21:52, the Defendant driven BMW 730LD cars under the influence of alcohol concentration of about 0.095%, over a maximum of 20 meters from the front of the 64 Maran-gun, Jincheon-gun, Chungcheongnam-gun, the Namcheon-do, to the front of GS Mat in the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. An explanatory note;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the grounds for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures have 7 times the same kind of records as those stated in its reasoning, it does not seem to be good, such as repeated driving of drinking, etc. as stated in its reasoning. Recognizing o’s mistake and reflectiveness. Do’s other sentencing conditions under Article 51 of the Criminal Act are comprehensively taken into account

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