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(영문) 청주지방법원 제천지원 2019.01.31 2018고단391
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 27, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Cheongju District Court Chocheon Branch on June 27, 2007; on September 17, 2007, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the same court; on September 30, 2010, the same court received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) respectively; and on November 25, 2010, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) by the same court on November 25, 201.

On October 27, 2018, at around 23:20, the Defendant driven BM5 car in the state of alcohol alcohol concentration of approximately 0.156% from the section of approximately 15km to the road in front of the full-time Triang-gun, Hanyang-gun around 28:10 on the 28th day of the same month from the nives house near the downstream-dong, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, investigation reports (Attachment to a summary order), summary order, investigation reports (Attachment to the same type of criminal records), application of statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

There is a record of the suspension of the execution of imprisonment with labor for a crime of violation of the Road Traffic Act (driving) and three times a fine.

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