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(영문) 청주지방법원 충주지원 2016.09.23 2016고단459
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 July 6, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Cheongju District Court's Assistance, and on December 16, 2010, the Incheon District Court issued a summary order of KRW 1.5 million for the same crime, respectively.

[2] On June 16, 2016, at around 22:55, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.097% from the 1km section from the parking lot for the funeral hall located in the Nam-gu Incheon Metropolitan City, Incheon to the front road of the 666th Domindo, as well as from the funeral hall for the funeral hall.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the results of regulating driving of drinking alcohol and the situation of the driver of drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (report attached to the previous conviction and summary order);

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 been subject to two times of punishment due to drinking, and circumstances that are relatively favorable to the Defendant’s blood alcohol concentration at the time of the instant crime: The Defendant recognized and reflects the instant crime: the above circumstances and the Defendant’s age, sex behavior, environment, circumstances, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. shall be determined as ordered by the order, taking into account all the factors such as the sentencing conditions.

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