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(영문) 청주지방법원 2016.09.28 2016고단1275
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant had a record of having been sentenced to a fine of KRW 700,000 as a crime of violating road traffic law at the Cheongju District Court on June 12, 2008, a fine of KRW 2.5 million as the same crime in the same court on August 27, 2009, and a fine of KRW 5 million as the same crime in the same court on April 27, 201.

[Criminal facts]

1. Violation of the Road Traffic Act (Drink 1275) (Drink 2016 highestest 1275) on June 23, 2016, the Defendant driven B strawing car with alcohol content of 0.165% under the influence of alcohol on the road located at No. 71-ro 106, Cheongju-gu, Soung-gu, Soung-gu, Cheongju on June 23, 2016.

2. Violation of the Road Traffic Act (Drink 1566) (Drink 1566), the Defendant driven B rocketing car under the influence of alcohol concentration of 0.076% on the road located at No. 106-14, 252, a Cheongju-gu, Soung-gu, Sori-gu, Cheongju-gu, Seoul, on July 10, 2016.

Summary of Evidence

[Judgment 1] Facts (2016 order 1275)

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances concerning the driver at the main place of business [the facts set forth in Decision 2-2 (so far as 2016 highest 1566]

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of regulating drinking driving;

1. A written statement of the driver who takes charge;

1. On-site photographs of an accident (before judgment);

1. Written inquiry about criminal history, etc. (A);

1. Investigation report (the previous and confirmation of the suspect);

1. One copy of the judgment and the application of two summary orders under Acts and subordinate statutes; and

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant committed the instant crime on two occasions within the short term, even though he/she had been subject to punishment several times due to drinking driving under Article 62-2 of the Criminal Act, even though he/she committed the instant crime.

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