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(영문) 청주지방법원 충주지원 2018.07.13 2018고단240
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 28, 2008, the Defendant was sentenced to a suspended sentence of two years for the same crime on July 24, 2008, etc. at the Cheongju District Court's Cheongju Branch's branch, the Defendant was sentenced to a suspended sentence of two years for the same crime, etc. at the same court.

[2] On February 15, 2018, around 05:00, the Defendant driven a B EF cattle or other car under the influence of alcohol with approximately 700 meters alcohol content 0.091% in alcohol around 0.01% in the vicinity of the 14th road of the Sound-gun, Chungcheongnam-gun, Chungcheongnam-gun, a single-lane culture, from the 14th road to the same Eup-Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. The above drone formula;

1. Investigation report (specific alcoholic content in blood);

1. Criminal Records: References to inquiries about criminal investigation experience, reports on investigation (Attachment to the previous decisions and related decisions), - Application of statutes, such as the Cheongju District Court Decision 2001 High Court Decision 5790 Decided 201 High Court Assistance;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for re-offending of the sentencing of Article 62-2 of the Criminal Act, such as protection and observation, community service, and order to attend a lecture, shall be determined within a minimum of ten years, and the execution of the sentence shall be suspended, taking into account the circumstances where the period of re-offending of the sentence is shorter than ten years. In addition, considering such circumstances, the punishment shall be determined and the protection, observation, etc. thereof shall be added to prevent recidivism, taking into account the circumstances as well as the fact that a large number of persons of

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