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(영문) 청주지방법원 2016.11.09 2016고단1663
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 2, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Incheon District Court’s Branch Branch on April 2, 2008, and on August 21, 2016, the Defendant issued a summary order of KRW 4 million for the same crime due to driving under the influence of alcohol at the Cheongju District Court on April 10, 201.

【Criminal Facts】

On June 1, 2016, at around 21:17, the Defendant driven B SP car while under the influence of alcohol content of 0.240% without a driver’s license at a section of approximately 1km from the Do in front of the parking lot of the public health clinic located in Jincheon-gun, Jincheon-gun, Jincheon-gun to the roads located in the Jincheon-do 3 of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Control note, statement of his state of driving, and notification of the results of the drinking control; and

1. Previous convictions in judgment: Criminal history, inquiry report (A), investigation report (Attachment of the same type of summary order), investigation report (Attachment of summary order) and application of Acts and subordinate statutes of each summary order;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed the crime of this case even though he had the record of punishment for drunk driving, and that the risk is considerable in light of the defendant's blood alcohol concentration, the defendant's confession and reflects the crime of this case, and the fact that the defendant has no criminal record of probation or higher is favorable to the defendant.

The records and arguments of this case, including the above circumstances.

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