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(영문) 청주지방법원 2017.08.31 2017고단697
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 January 17, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on August 27, 2012, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the Suwon District Court, which was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (driving).

[2] On April 2, 2017, the Defendant driven a BS-type car under the influence of alcohol content of about 0.135% at a section of approximately 300 meters prior to the same cafeteria-dong cafeteria-gu Cheongju-si, Seowon-gu Cheongju-si, in front of the same restaurant.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol on more than two occasions, even though he had a record of punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, and a statement of the situation of the driver of drinking alcohol;

1. Previous conviction: Inquiry about criminal history, investigation report (verification of the same record as the suspect), and application of a copy of each summary order under Acts and subordinate 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. 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;

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