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(영문) 청주지방법원 제천지원 2015.10.01 2015고단392
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal power] The defendant has a record of being sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Cheongju District Court Support on November 14, 2007, and a fine of KRW 1.5 million as the same crime in the same court on July 31, 2008.

【Criminal Facts】

On July 11, 2015, at around 12:15, the Defendant driven a rocketing car from the Do of Seoyang-gu, Seocheon-si to the road 500 meters away from the Do of the same Eup/Myeon under the influence of alcohol content 0.220% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the entry of drinking drivers;

1. A written request for appraisal;

1. On-site photographs;

1. Previous convictions in judgment: An inquiry report, an investigation report (Attachment of the previous and summary order), and application of statutes governing summary order;

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. 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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of punishment several times due to drinking driving, etc., and that the risk is considerable in light of the defendant's blood alcohol concentration level, and the defendant's confession and reflects the crime of this case is the circumstances favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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