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(영문) 청주지방법원 충주지원 2013.08.16 2013고단371
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

On November 10, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 10, 2008, and a fine of 1.5 million won for the same crime from the Chungcheong District Court on March 15, 2010 to the Chungcheong District Court on March 15, 201.

On May 29, 2013, the Defendant, while under the influence of alcohol at around 0.220% of blood alcohol concentration on May 29, 2013, driven B Poter Cargo at the section of about 2 km from the front of the Matern apartment located in the front of the Matern apartment located in the Hasan-gun, Chungcheongnam-gun, Chungcheongnam-do to the front road located in the Masan-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (two-time criminal records of a sound driving);

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. 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 again commits the crime of this case even though he had a previous offense of drinking alcohol driving, the risk of drinking alcohol driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drinking alcohol driving: The defendant does not have any previous offense exceeding the fine; the defendant reflects the crime; and other circumstances that are the conditions for sentencing as shown in the records, such as the defendant's age, character and behavior, occupation, family environment, etc.

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