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(영문) 청주지방법원 2015.02.06 2014고단1872
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 10, 2007, the Defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Cheongju District Court, and on March 5, 2010, the same court received a summary order of 5 million won of a fine for a violation of the Road Traffic Act.

On December 5, 2014, the Defendant, while under the influence of alcohol of 00:22, driven a passenger vehicle B with two km from approximately 3 km section to the road front of the new cancer in the front of the cafeteria located in the Cheongju-si in the Cheongju-si, U.S. at the Cheongju-si, a common cafeteria in the front of the Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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

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

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

1. The reason for sentencing is that the defendant has been subject to punishment by driving under the influence of alcohol several times even before the sentencing.

At the time of the crime of this case, the defendant was driving in a drinking state, and he gets involved in the central line and caused a traffic accident.

In addition, taking into account various conditions of sentencing, such as character and conduct, environment, motive, result, and circumstance after the crime, etc. of the defendant, the sentence shall be determined by discretionary mitigation, and the execution of the sentence shall be suspended by ordering community service and participation.

It is so decided as per Disposition for the above reasons.

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