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(영문) 청주지방법원 2013.11.01 2013고단1072
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 26, 2007, the Defendant was issued a summary order of two million won or more by the Cheongju District Court for the violation of the Road Traffic Act (hereinafter referred to as the Cheongju District Court). On July 10, 2008, the Defendant was issued a summary order of three million won or more due to a violation of the Road Traffic Act (hereinafter referred to as the Cheongju District Court).

Although the Defendant had been able to commit a violation of the Road Traffic Act more than twice as above, on June 13, 2013, at around 0.156% under the influence of alcohol level around 13:25, the Defendant driven BM5 automobiles from the front parking lot of the apartment apartment in front of the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to approximately 400 meters from the front parking lot of the apartment in front of the apartment in front of the apartment in the Central Hahz apartment in front of the apartment in front of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on detection of drivers, and circumstantial statement of drivers;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. To determine the punishment as ordered in consideration of the favorable circumstances such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act led to the confession of the crime, and the fact that the defendant has the record of being punished twice for the same crime, etc., and other unfavorable circumstances, such as the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc.

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