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(영문) 청주지방법원 2015.07.09 2015고단56
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 2, 2010, the Defendant received a summary order of KRW 2 million from the Daejeon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and on June 27, 2011, the Daejeon District Court received a summary order of KRW 7 million due to a violation of the Road Traffic Act.

【Criminal Facts】

At around 20:50 on December 6, 2014, the Defendant driven a Dworke car over approximately two meters prior to the “C” road in the Heung-gu, Chungcheongnam-gu, B while under the influence of alcohol with a blood alcohol level of 0.20%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power judgment) and other Acts and subordinate statutes;

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 extenuating circumstances among the reasons for sentencing);

1. The Defendant has committed the instant crime under the circumstances where his previous convictions due to the violation of the Road Traffic Act, including the previous convictions of the first head as indicated in the judgment of sentencing of Article 62-2 of the Social Service Order Act, and the previous convictions due to the violation of the Road Traffic Act, committed the instant crime at least three times, and thus, the Defendant shall be punished with severe punishment.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant does not repeat the crime in light of the wrongness, the fact that there is no criminal record exceeding the fine, and various sentencing conditions, such as the defendant's age, character and conduct, occupation, family relationship, health status, etc., and the execution of the above sentence shall be suspended, but probation shall be suspended during the period of probation and community service shall be ordered for 160 hours during the period of probation.

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