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(영문) 청주지방법원 충주지원 2016.09.23 2016고단462
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 May 10, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and a summary order of KRW 3 million for the same crime at the same court on February 13, 2013, respectively.

[2] On April 24, 2016, at around 00:16, the Defendant driven a Bsch Rexton car under the influence of alcohol level of about 0.163% from approximately 50 meters away from the section of about 500 meters of alcohol level to the front road of the vegetable rice pole, which is located in the Namnam-si, Chungcheongnam-si, Chungcheongnam-si.

As a result, the defendant was punished as a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire into criminal investigation records;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime even though he/she had the history of having been punished several times due to drinking driving, and the circumstances favorable to the Defendant’s blood alcohol concentration at the time of the instant crime: The Defendant recognized and reflected the instant crime; the Defendant has no criminal record of suspended execution or more; and the Defendant has no criminal record of suspended execution or more; the sentence is determined as ordered in consideration of all the above conditions of sentencing, such as the Defendant’s age, sex, environment, background, means and consequence of the instant crime, and the circumstances after the crime.

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