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(영문) 청주지방법원 충주지원 2017.08.09 2017고단415
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court’s Support on October 9, 2009, and a fine of KRW 1.5 million for the same crime in the same court on May 29, 2013, and a person who was sentenced to a suspended sentence of one year for the same crime in the same court on June 13, 2014.

[2] On May 14, 2017, Defendant 1 driven a BT MG car with approximately 50 meters alcohol level 0.085% alcohol level from May 14, 2017 to the front road of the Dolsan-ro 84, Dolsan-ro 84, in spite of the fact that Defendant 1 violated Article 44(1) of the Road Traffic Act twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report (report attached to a summary order, etc. of the same kind of power), summary order of the same kind

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The sentence shall be determined as ordered in consideration of all the factors such as the above circumstances and the defendant’s age, sex, environment, circumstances, means and consequence of the crime, and the circumstances after the crime, etc., where the defendant committed the crime in this case, and the defendant committed the crime in this case at the same time despite the fact that he/she had been punished twice by a fine:

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