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(영문) 청주지방법원 충주지원 2016.08.19 2016고단158
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 August 14, 2007, 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 Seo-gu District Court Branch Branch of the Daegu District Court, and a summary order of KRW 1.5 million for the same crime at the same court on March 27, 2009, respectively.

[2] On March 2, 2016, around 23:35, the Defendant driven a car under the influence of alcohol concentration of about 0.081% from the blood alcohol level to the front of the apartment house, under the influence of 20 Do in the same Do, which is located in the same Do in front of the Sungwon cafeteria cafeteria cafeteria, which is located in the two Sungwon Do in the same gender of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the occurrence of a traffic accident and on-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same force as the suspect) statute;

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. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the defendant committed the instant crime even though he/she had the history of having been punished several times due to drinking driving: The defendant recognized the instant crime; the defendant has no criminal record of probation or higher; the above circumstances and the defendant's age, sex, environment, circumstances leading to the instant crime; alcohol level during blood at the time of the instant case; and the circumstances after the instant crime, etc. shall be determined as ordered by the order, taking into account all the relevant sentencing conditions.

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