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(영문) 청주지방법원 충주지원 2018.09.07 2018고단354
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 31, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and on April 22, 2016, a summary order of KRW 3.5 million for the same crime at the same court on April 22, 2016, and the Defendant had a total of two criminal records before driving like drinking.

[Criminal facts] around 00:01 on June 10, 201, the Defendant driven a B-hand car with alcohol content of 0.166% while under the influence of alcohol at around 40 meters from the roads near the Park of Yeonsu-dong, Yeonsu-gu, Chungcheongnam-si, Yeonsu-do to the roads near the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on driving alcohol (A);

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

1. Investigation report (report on the situation of the driver in charge); and

1. Photographs photographs of the accident scene and the accident vehicle;

1. Criminal Records: References to inquiries, such as criminal history, investigation reports (Attachment to the previous decisions and related judgments), - Application of statutes, including the text of the Decision 2232, Cheongju District Court Decision 2012, Cheongju District Court Decision 2232;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is repeated during the short period of time for the crime of protecting and observing protection, community service order, and order to attend a lecture. The high level of alcohol content during the previous drinking exhibition (0.191%, 0.109%). The occurrence of an accident is very high to 0.166% of alcohol content during the blood during the crime. In addition, imprisonment is selected by taking account of these circumstances. In addition, the execution of sentence shall be postponed by taking into account the criminal history, circumstances after the crime was committed, and other sentencing conditions, and the community service order and order to attend a lecture shall be added.

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