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(영문) 청주지방법원 제천지원 2013.09.05 2013고단539
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 15, 2007, the defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on January 15, 2007. On October 14, 2009, the defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (Refusal of Drinking Measures) in the Cheongju District Court of Chungcheongnamju on October 14, 2009. On December 3, 2009, the defendant was sentenced to a summary order of KRW 3 million for a fine of KRW 3 million for a crime of violating the Road Traffic Act (Refusal of Drinking Measures).

【Criminal Facts】

On June 2, 2013, around 15:40 on June 2, 2013, the Defendant driven a car with a gallon in the Cgallon in the state of under the influence of alcohol content of approximately 1 km from around 15:47 to the front road of the 15:47 Jinsan-si fishery 1-Gu Hansan-si, Hansan-si, Hansan-si, Hancheon-si, and the Cgallon in the state of under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records: The application of criminal records, inquiry 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. A sentence shall be imposed on the defendant on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, in light of the following: (a) six times the criminal defendant was punished for drunk driving; (b) the criminal defendant had the power to suspend the execution; (c) the criminal defendant was engaged in a drunk driving even though he/she had the power to do so; and (d) the amount of

However, the sentence of the same sentence is imposed after comprehensively taking account of all kinds of sentencing conditions and sentencing criteria as shown in the trial process, including the fact that the defendant is led to confession and reflect, the fact that there is a mother of support, and the sentencing guidelines.

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