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(영문) 청주지방법원 제천지원 2015.12.17 2015고단585
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] On August 31, 2012, the Defendant issued a summary order of KRW 3 million at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million on July 19, 2013 at the Chungcheong District Court.

【Criminal Facts】

On October 2, 2015, at around 04:15, the Defendant driven B Mt Motor Vehicle while under the influence of alcohol content of about 0.130% at a section of about 50 meters from the Do in front of the GS convenience store to the road preceding the said GS convenience store.

Summary of Evidence

1.C's statement of the defendant 1. On-site photograph 1. On-site photograph 1. On-site photograph, this paper applies to the defendant's legal statement 1.C's statement, 1. On-site driving control results, 1. On-site driver's report, 1. On-site photograph 1. On-site photograph 1. On-site photograph, this paper deals with criminal records (A), investigation report (report attached to the same summary order), summary order (20758, 2013 Highest 1829).

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 instant crime even though he/she had been subject to punishment twice due to drinking driving, the defendant is disadvantageous to the defendant. The defendant is led to the confession and reflect of the instant crime, and the fact that he/she has no criminal record of suspended sentence or higher is 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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