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(영문) 청주지방법원 충주지원 2013.05.10 2013고단158
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

On November 17, 2008, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act at the Seoul Western District Court on January 31, 201.

On February 21, 2013, the Defendant, while under the influence of alcohol of 0.141%, driven a car at a section of about 1 km from the front parking lot of the Geumju-gu 3 Gang-gun, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, which was in the influence of alcohol of 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (former records and reports attached to judgments);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The following circumstances are considered in light of the fact that the instant crime was committed again despite the previous conviction of the two-time drinking driving, the risk of drinking driving, and the purport of the revision of the Road Traffic Act to strengthen the punishment for the drinking driving: The Defendant did not have any other criminal record than the above two-time fine; the Defendant reflects the Defendant’s crime; the Defendant’s age, character and conduct, occupation, family environment, etc.; and the conditions for sentencing indicated in the records;

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