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(영문) 청주지방법원 2017.10.26 2017고단1206
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On April 2, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on November 15, 201, the same court received a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking driving), and on April 15, 201, the same court received a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[2] The Defendant: (a) was a person who violated the foregoing provision on the prohibition of drinking alcohol driving twice or more on May 22, 2017; and (b) was under the influence of alcohol at approximately 0.151% of alcohol concentration in the 20m prior to the Seocho-gu, Seowon-gu, Seowon-gu, Seowon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation of a suspected violation of the traffic laws on roads; and

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: The application of Acts and subordinate statutes after inquiry about criminal history, and reporting of the previous convictions of each disposition;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflectiveness, the fact that there is no record of punishment exceeding a fine, and the circumstances, etc. of the driving of drinking, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the aforementioned circumstances);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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