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(영문) 청주지방법원 2018.08.30 2018고단906
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has violated the prohibition provisions on driving under the influence of alcohol on at least two occasions by receiving a summary order of a fine of KRW 500,000 on January 29, 2007, and a summary order of KRW 3 million on December 10, 2015, respectively, from a Cheongju District Court for a violation of the Road Traffic Act.

On April 11, 2018, the Defendant driven a B-hand car under the influence of alcohol content of about 0.110% in blood while under the influence of alcohol at approximately 1km from the front road of the “Gamamp,” which is located in the Cheongju-si, a considerable amount of Cheongju-si, to the front road of the “Yamampamp, Manamp,” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A report on the detection of a primary driver;

1. Scenic photographs;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the said mitigation are repeated);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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