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(영문) 청주지방법원 충주지원 2013.09.13 2013고단445
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

On November 20, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on November 26, 2010.

At around 20:20 on July 1, 2013, the Defendant driven Category Bless Motor Vehicle at the section of approximately 1 km from the front of the sking box, which was located in the king of king, to the front of the sking box in front of the sking box, 618-2, under the influence of alcohol content 0.12% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the crime of this case even though he had a previous offense of drinking alcohol driving, the risk of drinking alcohol driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drinking alcohol driving: The defendant does not have any previous offense exceeding the fine; the defendant reflects the crime; and other circumstances that are the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation, family environment, etc.

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