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(영문) 청주지방법원 2017.02.15 2016고단2542
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] On February 13, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Cheongju District Court on February 13, 2007; on June 12, 2009, the same court issued a summary order of KRW 1 million for the same crime; and on May 27, 2010, the Defendant had the record of having been sentenced to imprisonment of one year and six months for the same crime in the same court.

[2] On October 26, 2016, the Defendant driven a C-high truck under the influence of alcohol content of about 0.091% from the 4km section to the road front of the Jungsansan Construction Parking Lot located in the same river as the home flusing road located in the Heung-gu Pungdong, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with the alcohol content of about 0.091%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in the judgment: (A) a written reply to inquiry, such as criminal history, reporting on the results of investigation (report on confirmation of the record of driving alcohol), High Court 2009 High Court 261 High Court 201 High Court 201 High Court 201 High Court 201 High Court 43 High High Court 43 High Court 201 High Court 201 High Court 2009 High Court 2009 High Court 701 High Court 2009 High Court 2009 High Court Cheongju District Court 2007 High Court Cheongju District Court 2558 High Court 1558 Rules applicable;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, is not only the history of having been punished several times due to drinking driving, but also the fact that the Defendant committed the instant crime even though he had been sentenced to imprisonment due to the crime including drinking, is disadvantageous to the Defendant, and the Defendant is more favorable to the Defendant.

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