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(영문) 청주지방법원 충주지원 2016.09.30 2016고단500
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 30, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and a summary order of KRW 3 million for the same crime at the same court on December 2, 2013, respectively.

[2] On July 12, 2016, the Defendant driven a Category B New C motor vehicle under the influence of alcohol level of about 0.128% in the 3km section from the front side of the new village sperm village to the front road of the Geumdo-Eup Office located in the same Eup/Myeon, the U.S. which was located in the Sindo-Eup, Chungcheongnam-gun, Chungcheongnam-gun, the U.S. A., the Defendant, at around 22:50 on July 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (report attached to the previous conviction and summary order);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime in spite of the fact that the Defendant had been subject to two times punishment due to drinking, and the Defendant’s blood alcohol concentration at the time of the instant crime: The Defendant recognized and reflected the instant crime; the Defendant has no criminal record of suspended execution or more; and the Defendant has no criminal record of suspended execution or more; the sentence is determined as ordered in consideration of all the sentencing conditions, such as the above circumstances and the Defendant’s age, sex, environment, background, means and consequence of the instant crime, and the circumstances after the crime.

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