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(영문) 청주지방법원 충주지원 2014.01.24 2013고단760
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

On January 17, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court's Chungcheong Branch on January 17, 2007, and a summary order of KRW 3 million as a fine in the same court on October 31, 2007.

On November 203, 2013, at around 20:48, the Defendant driven the B rocketing car with a blood alcohol content of about 0.150% from the 1km section around the funeral hall of the Chungcheongnam-si Culture Complex in Chungcheongnam-si, Chungcheongnam-si to the road front of the 348 Cho-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (written judgments and binding of copies of summary orders);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a two-time driving record, and the circumstances favorable to the purport of amending the Road Traffic Act to strengthen the punishment for drunk driving: The defendant reflects his/her crime, and take into account various circumstances, such as the defendant's age, character and conduct, occupation and family environment, etc., which are the conditions for sentencing as shown in the records;

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