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(영문) 청주지방법원 2014.01.14 2013고단1600
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, 2009, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Cheongju District Court on April 21, 2009, and on December 1, 2009, the Defendant was issued a summary order of KRW 2 million with the same court for a violation of the Road Traffic Act.

On September 21, 2013, the Defendant, while under the influence of alcohol around 0.172%, driven B Poter truck over about 300 meters in front of the apartment children's play range, instead of being located in the same Ri from the Dor in front of the Yasan-si, Yasan-si, Yasan-gun, the Defendant driven the B Poter truck with approximately 300 meters in front of the apartment children's play range.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of, and report on detection of, a host driver;

1. A previous conviction: An inquiry letter and application of each summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case is committed under the conditions that it was committed under Article 62-2 of the Criminal Act, even though there was a record of criminal punishment, including suspended sentence, due to the same crime of sentencing, under the unfavorable circumstances, the mistake is against the law, and the driving distance of this case is considered as favorable circumstances. Other factors such as the motive, means and result of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, family relation, etc. shall be determined as per the order.

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