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(영문) 청주지방법원 충주지원 2013.08.30 2013고단422
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 January 17, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch's Chungcheong Branch's Assistance on May 17, 201, and the judgment became final and conclusive on May 17, 201, and on January 26, 2012, the same court was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on March 29, 2012.

On July 6, 2013, at around 00:04, the Defendant driven Bone Star vehicle under the influence of alcohol leveling from approximately 800 meters away from the front to the front road of the Gu Hoamamba, located in the same Siamba-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the status of the driver, report on the current status, and response to requests for appraisal; and

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 taken into account: (a) the offender committed the instant crime even though he/she had a previous record of drunk driving; (b) the risk of drunk driving; and (c) the purpose of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: There is no criminal record exceeding the fine imposed on the Defendant; (b) the Defendant reflects the Defendant’s crime; and (c) other circumstances, such as the Defendant’s age, character

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