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(영문) 청주지방법원 2016.09.23 2016고단786
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2010, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and KRW 4 million from the same court on May 14, 2013 to a fine for the same crime.

On March 23, 2016, around 01:35, the Defendant driven BM520 automobiles while under the influence of alcohol content 0.172% in a section of approximately 500 meters for the city of Cheongju to the 65-12 Cheongwon-gu, Seoul, the petitioner-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu,

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, a statement and report on the circumstances of the driver at home, notification of the results of crackdown on drinking driving, and inquiry into the vehicle;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) 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. To observe and observe protection and community service order under Article 62-2 of the Criminal Act, and to determine the same sentence as the order by comprehensively taking account of the following conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- Unfavorable circumstances - The instant crime was committed even though several punishments were imposed for the same kind of crime.

- The drinking volume is relatively high.

The favorable circumstances - mistake is divided.

- There shall be no previous convictions of five or more times of fines, as well as those of probation.

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