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(영문) 청주지방법원 제천지원 2014.12.11 2014고단434
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 May 20, 2008, the Defendant was notified of a summary order of KRW 2 million for a violation of the Road Traffic Act in the Young-gu branch of the Chuncheon District Court on May 20, 2008. On July 28, 2009, the Defendant was notified of a summary order of KRW 700,000 as a fine for the same crime, and on September 21, 2012, the Defendant was subject to the notification of a summary order of KRW 7 million as a fine for the same crime in the Gangwon District Court's Seo-gu branch of the Chuncheon District Court on September 21, 2012.

On September 27, 2014, at around 05:20, the Defendant driven a Category C rocketing car under the influence of alcohol content of at least 0.177% from the 05:30 on the same day to the 5km front road of the red shot-si in Gyeyang-si, Seoyangyang-si, Seocheon-si, and at around 05:30 on September 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Before ruling: The application of inquiry records into criminal records and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, has a record of serving five times the punishment for drunk driving, and even though there was a record of serving one-year imprisonment for causing the death of the victim of a traffic accident due to drinking or unlicensed driving, it is not very good to commit the crime in light of the fact that the victim was committing the crime in the instant case, and that the blood alcohol concentration is very high.

However, in addition to the above criminal records, the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the fact that there is no criminal records exceeding the fine, and the circumstances of the drinking driving, etc.

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