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(영문) 청주지방법원 충주지원 2013.08.16 2013고단306
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 29, 2007, the Defendant was sentenced to a fine of 3 million won for the violation of the Road Traffic Act (driving) at the Suwon District Court's Eunpyeong site, etc. on the grounds of the violation of the Road Traffic Act (driving) and was punished as a fine of 1.5 million won for the violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on February 8, 2010, and on January 25, 201, at the Chungcheong District Court's Chungcheong Branch's Chungcheong Branch's Assistance, the Defendant was punished as a crime of violation of the Road Traffic Act (driving) more than twice after being sentenced to a suspended sentence of 2 years for the suspension of execution for 6 months due to the violation of the Road Traffic

On May 9, 2013, at around 08:30, the Defendant driven a car C in the section of approximately 600 meters from the sea-burgian road located in the Yari-gun, the Yari-gun, 0.125% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement statement report on the status of a drinking driver, and statement request for appraisal;

1. Reference letters, investigative reports (Attachment to previous records, court rulings, etc.), two copies of summary order, and application of Acts and subordinate statutes of one written judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The fact that the instant crime was committed even though the previous conviction was committed four times, including the previous probationary convictions, and the risk of drunk driving, and circumstances favorable to the purport of amending the Road Traffic Act to strengthen the punishment for drunk driving: Taking into account the fact that the Defendant reflects the Defendant’s crime, and other circumstances constituting the conditions for sentencing as shown in the records, such as the Defendant’s age, character and behavior, occupation, home environment, etc.

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