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(영문) 청주지방법원 충주지원 2013.08.30 2013고단431
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 30, 2008, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Chungcheong District Court's Assistance on Cheongju on May 30, 2008, and on September 30, 2008, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court.

As above, the Defendant, who was punished on more than two occasions due to a violation of the Road Traffic Act (driving) and driven C Poter Cargo Vehicles at a section of about 100 meters from the front of the Regional Military Center in the Chungcheongnam-dong, which was under the influence of alcohol of 0.171% of the blood alcohol level on June 23, 2013 to the front of the school located in the same Dong, from the front of the Regional Military Center in the Chungcheongnam-do, under the influence of alcohol level of 0.30%.

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 inquiry reports on criminal records, etc. and investigation reports (report on confirmation of the same kind of force);

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. 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 committed again the crime of this case even though he had a previous record of a two-time drinking driving, the danger of drinking driving, and the purpose of the revision of the Road Traffic Act to strengthen the punishment for a drinking driving: considering the defendant's age, character and behavior, occupation, family environment, etc., and other circumstances, which reflect the defendant's crime, and are the conditions for sentencing as shown in the records;

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