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(영문) 청주지방법원 제천지원 2014.07.17 2014고단189
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 April 25, 2014, at around 20:50, the Defendant driven a C-II cargo vehicle under the influence of alcohol content of about 1.5 km from the front of a cafeteria located in the Ganyang-gun of Chungcheongnamyang-gun to the 3rd roads of 20:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records of serving the community service and attending lectures that have been punished several times due to drinking or unlicensed driving, and in 2001, even though the judgment of suspension of execution was served due to drinking driving, the defendant committed the crime of this case and the crime is not good because the blood alcohol concentration is high.

However, after the year 2001, there is no record of the suspension of qualifications or more punishment, and the punishment as ordered shall be determined by taking into account all other factors of sentencing.

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