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(영문) 청주지방법원 제천지원 2016.11.10 2016고단323
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

[criminal power] On April 2, 2009, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on April 2, 2009, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court Support on March 26, 2013.

【Criminal Facts】

On August 8, 2016, at around 21:25, the Defendant driven a Felon car in the state of alcohol 0.166% of blood alcohol concentration from approximately 30 meters away from the 106-dong Haakju-dong, Seocheon-si, to the front day of the E charcoal GG in D.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Inspection of the results of the crackdown on drinking driving;

1. A inquiry report, such as criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of same criminal records);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

The fact that there has been two times of punishment due to drinking driving, the fact that blood alcohol concentration is considerably high, the fact that a person has been punished two times or more due to drinking driving, and the fact that a person has been led to a drinking driving as a public official, but has already been punished two times or more, is led to the confession of

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