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(영문) 청주지방법원 충주지원 2013.12.27 2013고단654
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 January 9, 2007, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch, etc., and the judgment became final and conclusive on January 25, 2007, and on September 13, 2006, the Defendant was sentenced to a fine of 70 million won for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch, and the judgment became final and conclusive on October 19, 2006.

On September 29, 2013, at around 15:10, the Defendant driven a B B B B B B-type vehicle with a blood alcohol content of about 0.226% from the section of about 5 km in front of a restaurant where it is impossible to identify the trade name in the Geumdo-Eup, Geumbuk-gu, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (former and report on attachment to judgment);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty; Selection of imprisonment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he/she had a previous offense of drinking alcohol driving, the risk of drinking alcohol driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act that intends to strengthen the punishment for drinking alcohol driving: The defendant does not have any previous offense exceeding the fine; the defendant reflects his/her offense; and other circumstances, including the defendant's age, character and behavior, occupation, family environment, etc., are taken into account;

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