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(영문) 청주지방법원 충주지원 2016.07.15 2016고단276
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 July 6, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court’s Assistance, and a summary order of KRW 1 million for the same crime at the same court on September 14, 2012, respectively.

[2] On March 26, 2016, at around 07:40 on March 26, 2016, the Defendant driven a car with B low alcohol concentration of about 0.115% while under the influence of alcohol in a section of about 50 meters from the Do in front of the Yellow cafeteria cafeteria, which is located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the shooting distance of the indoor gynasium located in about 266 meters in Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The circumstantial statement report;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant who committed the instant crime even though he/she had been subject to two times punishment due to drinking alcohol: The defendant recognized the instant crime and is against the defendant; the above circumstances and the defendant's age, sexual behavior, environment, background of the crime, degree of alcohol alcohol during the crime, circumstances after the crime, etc. shall be determined as ordered by taking into account all the factors of sentencing such as the above circumstances and the defendant's age, sexual behavior, environment, circumstance of the crime

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