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(영문) 청주지방법원 충주지원 2013.11.01 2013고단403
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 March 30, 2007, the defendant was sentenced to a fine of 700,000 won for a crime of violation of the Road Traffic Act at the Cheongju District Court on March 30, 2007, and was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Cheongju District Court on October 19, 207.

On June 9, 2013, the Defendant driven a rocketing car at the 1km section from 233 to 2005, while under the influence of alcohol 0.141% of blood alcohol level on June 22, 2013.

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 that choose the penalty; Selection of imprisonment;

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 defendant again commits the instant crime even though he/she had a previous conviction, the risk of drunk driving, and the purpose of the revision of the Road Traffic Act that intends to strengthen the punishment for drunk driving: considering the following circumstances: the defendant has no previous conviction, other than the above two-time fine, the defendant reflects his/her crime; the defendant reflects his/her age, character and conduct, occupation, family environment, etc.; and the sentencing conditions specified in the records are considered.

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