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(영문) 청주지방법원 2016.08.10 2016고단1029
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 June 7, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law (drinking) at the Cheongju District Court’s Assistance, and on November 15, 2010, a summary order of KRW 3.5 million for the same crime in the same court.

[2] On May 3, 2016, the Defendant driven B K7 car under the influence of alcohol with approximately 0.102% alcohol concentration at a section of about 500 meters from the front of the mutually influence cafeteria-dong, Seo-gu, Seoju-si to the front of the agricultural and fishery products market located in the same Dong from the Do in front of the mutually influence cafeteria-dong, Cheongju-si to the front of the agricultural and fishery products market in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Inquiries about the results of crackdown on the driving of alcohol, reports on the detection of drivers, and reports on the circumstances of drivers;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order for the same crime committed by the suspect);

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 is that the defendant committed the instant crime even though he/she had been punished several times 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 probation or more within the last ten years 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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