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(영문) 청주지방법원 2019.03.19 2019고단5
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2006, the Defendant received a summary order of KRW 700,000 from the Cheongju District Court to a fine of KRW 700,000 as a violation of the Road Traffic Act, and on April 8, 2008, the same court received a summary order of KRW 1,50,000 as a fine for the same crime.

At around 06:00 on December 8, 2018, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.060% in the section of about 4km from the front of the petition site B to the front of the petition site C at Cheongju-si, the Defendant driven Dworka car under the influence of alcohol concentration of about 0.06%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the results of the regulation of drinking driving, report on the situation of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on 112; and

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 imprisonment (the same kind of electricity, etc.);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (time of penal power, degree of drinking, etc.);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of suspended sentence of imprisonment or more);

1. Social service order under Article 62-2 of the Criminal Act;

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