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(영문) 청주지방법원 제천지원 2015.09.03 2015고단320
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

[criminal power] On January 28, 201, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act in the Youngcheon District Court’s Monthly Support on January 28, 201, and a summary order of KRW 2.5 million with a fine of KRW 2,50,000 for the same crime from the Cheongju District Court’s Support on December 12, 201.

【Criminal Facts】

On June 20, 2015, around 01:50, the Defendant driven B Scarc Track Cargo with approximately 0.087% alcohol concentration at the 15k section before the cement Track, while under the influence of alcohol at the 7-lane 20, 00, 00,000 from the front of the apartment apartment, and from the front of the apartment, the Defendant driven B Scarc Track Cargo with approximately 0.087% alcohol content.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (Attachment to the same criminal records);

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 consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of punishment several times due to drinking driving, etc., the defendant is disadvantageous to the defendant. The defendant is led to the confession and reflect of the crime of this case, and the defendant has no criminal record of suspended execution or more is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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