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(영문) 청주지방법원 충주지원 2019.09.27 2019고단455
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 30, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution for the crimes of violation of the Road Traffic Act in the Chungcheong District Court's Assistance, etc. On May 30, 2014, the Defendant issued a summary order of KRW 4 million by the same court on May 30, 2014, and on March 7, 2006, the same court issued a summary order of KRW 2 million for the crimes of violation of the Road Traffic Act.

【Criminal Facts】

On July 21, 2019, at around 21:22, the Defendant driven a chand car with 0.122% alcohol concentration from the 1k section of blood alcohol level from the place below the shot-si, Masan-si, Masan-si, Masan-si to the front road of the Gunsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Making a report on the control of drinking driving;

1. Criminal records: Application of Acts and subordinate statutes, such as criminal history records, probationary reports (A), investigation reports (former and previous records and verification), judgment, summary order, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Determination of punishment by taking into account the following factors: (i) reason for sentencing: (ii) background of the crime; (iii) blood alcohol concentration; (iv) period of recidivism; (v) period of recidivism; (v) circumstances after the crime; (v) Defendant’s family environment; and (v) other conditions of sentencing.

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