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(영문) 청주지방법원 2017.07.14 2016고단2066
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant had a record of having received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Cheongju District Court on November 7, 2006, a summary order of KRW 700,000 for a fine for the same crime in the same court on February 5, 2008, and a summary order of KRW 2.5 million for the same crime in the same court on April 14, 2010, respectively.

【Criminal fact-finding on August 22, 2016, the Defendant driven a DNA-type car at approximately three kilometers on the front road of the apartment apartment unit in the same Gu-dong funeral hall, Cheongju-gu, Hodong-gu, Hoju-gu, Hodong-dong, while under the influence of alcohol content 0.161% in blood around 04:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous conviction: A written reply to inquiry, such as criminal history, details of inquiry about management of the primary detection report, investigation report (verification report on suspect driving records), and application of Acts and subordinate statutes of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. For the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence of the suspended sentence is 0.161% higher in alcohol content among the blood of this case, and three times the Defendant was punished for the same kind of crime before the instant case, and the Defendant’s confessions and reflects in depth and commits recidivism; favorable circumstances, such as the Defendant’s age, occupation, sex behavior, family relationship, and circumstances before and after the instant crime, etc.; and other favorable conditions for sentencing as shown in the records, such as the Defendant’s age, occupation, family relationship, etc., shall be comprehensively considered.

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