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(영문) 청주지방법원 2017.08.10 2017고단243
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing motor vehicle.

On October 05, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (drinking and non-licensed driving) at the Cheongju District Court on March 25, 2010, and was sentenced to imprisonment for six months with labor for a violation of the Road Traffic Act (drinking and non-licensed driving) at the Cheongju District Court on October 25, 2010 and two years of suspended execution.

Although the Defendant had a record of driving two or more times of drinking, the Defendant driven a vehicle above about 15 km from the Cheongju-si in the vicinity of LG chemical located in Chang-gu, Chang-gu, Seoul to the 4-ro eropoch of the same Siung-gu, Cheongju-si, in the state of under the influence of alcohol content 0.121% from around 02:15 around 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to 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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) has occurred due to a large number of traffic accidents, but it does not cause any injury to others due to a sole accident,

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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