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(영문) 청주지방법원 충주지원 2019.07.26 2019고단300
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 13, 2006, the Defendant issued a summary order of a fine of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch on November 13, 2006, and a summary order of KRW 3 million to the same court on August 16, 2010, respectively.

On May 7, 2019, at around 01:26, the Defendant driven a F typ car from a section of about 400 meters from the front side of C, located in the Chungcheongnam-gun voice Group B to the front side of D, while under the influence of alcohol by 0.130% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Report on investigation results;

1. Criminal records: Criminal history records, repeated reports (A), investigation reports (report on verification of the records of sound driving), and application of Acts and subordinate statutes of a summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the fact that the period of recidivism is less than nine years, blood alcohol concentration, the record of crime, circumstances after the crime, and other sentencing conditions, shall be determined within the scope of discretionary mitigation.

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