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(영문) 청주지방법원 2019.01.23 2018고단2929
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 April 21, 2010, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to a suspended sentence of two million won. On December 11, 2008, the Seoul Southern District Court issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Seoul Southern District Court on June 13, 2008, and issued a summary order of a fine of two million won or more under the Road Traffic Act on two or more occasions, and again, was driving from around 05:05 on November 12, 2018 to about 018.18% of alcohol in the section of “C” located in the Heungdong-gu Seoul Southern District Court at the Seoul Southern District Court at the Seoul Southern District Court at the Seoul Southern District Court at around 05:05, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The period of probation and order to attend a lecture has several previous convictions, and among them, circumstances which are favorable to the facts that there are three previous convictions in the same kind of crime: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc. shall be determined as ordered in light of the above circumstances.

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