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(영문) 청주지방법원 영동지원 2013.10.10 2013고단92
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On February 8, 2007, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (driving) in the Young-gu District Court's Young-dong branch on February 8, 2007, and on December 26, 2008, the same court was sentenced to imprisonment of 8 months due to a violation of the Road Traffic Act (driving) and the same criminal records were more than 3 times.

Criminal facts

On May 13, 2013, at around 22:33, the Defendant driven a B Bbe-crin car under the influence of alcohol concentration of approximately 0.235% in a section of approximately 100 meters from the front of the Pacific Contracting State located in the same Ri to the front road of the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of an entry into the host driver's report (14 pages of investigation records);

1. Statement of the report on the request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Article 62 (1) of the Criminal Act;

1. Probation and community service order and education order under Article 62-2 of the Criminal Act have many criminal records, and among them, even though there are the previous convictions of the sentence as stated in the criminal records, it is not good to commit the crime by drinking again. However, the above criminal records are five years prior to the crime of this case, the defendant's mistake is divided, and the defendant's disposal of the motor vehicle is likely not to drive under drinking again, and the defendant's family, including his parents, might make it difficult for his family, including his parents, to faithfully perform the execution of the community service order and education order, and the execution of the sentence is suspended on condition that the defendant's family, including his parents, is faithfully implemented.

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