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(영문) 청주지방법원 충주지원 2016.11.25 2016고단621
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 29, 2009, the Defendant issued a summary order of KRW 1.5 million at the Incheon District Court to a fine for a violation of the Road Traffic Act, and on April 9, 2015, a summary order of KRW 700,000 for a violation of the Road Traffic Act (driving) at the Chungcheong Branch of the Chungcheong District Court, respectively, on two occasions.

【Criminal Facts】

On August 6, 2016, at around 23:20, the Defendant driven B rocketing car with a blood alcohol concentration of about 0.140% at a section of about 50 meters from the front of the livean cafeteria cafeteria located in the Sindo-Eup, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do to the front of the livean Eup office located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control and statement in the circumstances of drinking drivers;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of investigation reports and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime in spite of the fact that the Defendant had been punished twice due to drunk driving, and the Defendant’s blood alcohol concentration was relatively high at the time of the instant crime: The Defendant recognized and reflected the instant crime; the Defendant has no criminal record of suspended execution or higher; and the Defendant has no criminal record of suspended execution or higher; the sentence shall be determined as ordered in consideration of all the relevant sentencing conditions, such as the above circumstances and the Defendant’s age, character and behavior, environment, background, means and consequence of the instant crime, and the circumstances after the crime.

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