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(영문) 청주지방법원 2015.05.28 2015고단34
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 January 2, 2008, the defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving). On June 12, 2008, this court issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving). On July 25, 2008, this court issued a summary order of KRW 2 million to this court.

【Criminal Facts】

On November 27, 2014, at around 01:18, the Defendant driven a B-Wood-Wood-Wood-Wood-Wood-Wood-Wood-dong, which is located in the B-Woo-gu Esong-gu, Cheongju-si, Cheongju-si, in the influence of alcohol with about 0.153% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of each drinking driver, report on the circumstances of the drinking driver, and written appraisal of blood alcohol;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each 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 extenuating circumstances among the reasons for sentencing);

1. The Defendant, as stated in the judgment of the court below, committed the same kind of crime in spite of three criminal records due to the violation of the Road Traffic Act, as stated in Article 62-2 of the Social Service Order Criminal Act.

However, the sentence shall be determined as ordered by taking into account the fact that the defendant reflects the defendant's wrong and there was no previous conviction after around 2008, and various sentencing conditions, such as the age, character and conduct, occupation, etc. of the defendant, and the execution of the above sentence shall be suspended, but community service for 120 hours shall also be ordered.

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