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(영문) 청주지방법원 2015.10.15 2015고단1313
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

[Criminal Power] On February 16, 2007, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Daejeon District Court's Support for Incheon District Court for the crime of violation of the Road Traffic Act. On January 8, 2010, the Defendant received a summary order of KRW 4 million for the same crime from Suwon District Court.

【Criminal Facts】

On June 27, 2015, from around 18:50 to around 19:35, the Defendant driven B4.5 tons of cargo vehicles over approximately 20km from “original chemical parking lot” located in the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, to the top of the back of the back of the back of the back of the middle of the middle of the middle of the middle of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the results of the drinking driving control, and statement of the state of drinking drivers;

1. Previouss before and after judgments: Criminal records, replys to criminal records, rulings, and summary orders (U.S. District Court Decision 2009 High Court Decision 38343) shall apply to statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the Defendant committed a crime of violation of the Road Traffic Act (such as three times a fine and one time a suspended sentence of imprisonment), not less than four times a previous conviction due to the crime of violation of the Road Traffic Act (including the first head written in the judgment of sentencing), the Defendant, in addition, committed a same crime of driving a cargo lane at a considerable distance while under the influence of alcohol, and should be punished with severe punishment.

However, the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, occupation, and family relationship, and the execution of the punishment shall be suspended, but the execution of the punishment shall be suspended, if it is considered that the defendant has not committed a second offense, for about six years from the last day of the crime.

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