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(영문) 청주지방법원 충주지원 2018.05.04 2018고단96
도로교통법위반(음주운전)
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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

On May 30, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Cheongju District Court’s support on May 30, 201, and on June 15, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

On February 20, 2018, around 1:15, the Defendant driven a BM5 vehicle under the influence of alcohol content of about 150 meters from the section of approximately 150 meters alcohol concentration from the front of the trade influence store in the CM5, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the 26th road in the same city.

Accordingly, the defendant, who has been punished for drinking more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

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

1. Notification of the results of regulating drinking driving;

1. Criminal Records: A written reply to inquiries, such as criminal history, (A), investigation report (the same criminal record and confirmation of the suspect), - Application of summary orders and statutes;

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, which is higher than 0.104% of alcohol content during the sentence of Article 62-2 of the Criminal Act, and caused physical damage due to the occurrence of an actual accident. A majority of the records of traffic-related crimes, such as unlicensed driving, drinking driving, etc. In addition to these circumstances, punishment shall be imposed in consideration of the circumstances after the crime was committed, and other sentencing conditions.

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