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(영문) 청주지방법원 2018.11.15 2018고단1682
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than nine months.

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

Reasons

Punishment of the crime

On May 2, 2017, the Defendant: (a) at the Cheongju District Court rendered a summary order of KRW 4 million for a crime of violating the Road Traffic Act; (b) on August 1, 2012, the Cheongju District Court received a summary order of KRW 3 million for a crime of violating the Road Traffic Act; and (c) on at least two occasions, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Cheongju District Court on August 1, 2012; and (d) again, (c) on July 14:10, 2018, the Defendant committed a violation of the provision on the prohibition of driving under the influence of alcohol under the Road Traffic Act on at least two occasions; and (d) on the road in the first place of the Sinju District Court at the Seocho-gun, Jincheon-gun, Jincheon-gun, Seoul Special Metropolitan City at approximately 167% of alcohol content in the 1km section to approximately 300 meters of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. An explanatory note and a report processing statement of 112;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal record of punishment, such as drinking, etc. after June 1, 2006)-related Acts and subordinate 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that an order to attend a lecture or an order to attend a community service order, even though there is a previous record of a crime subject to a fine due to drinking driving as stated in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act, is not good, but it is not good to recognize a mistake and reflects the wrong fact, and other sentencing conditions under Article 51 of the Criminal Act are determined as ordered by considering

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