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(영문) 청주지방법원 2018.11.01 2018고단1671
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

On September 3, 2013, the Defendant was sentenced to a summary order of a fine of eight million won or more due to a crime of violating the Road Traffic Act at the Jeju District Court on September 3, 2013, and on July 31, 2013, the Defendant was sentenced to a summary order of a fine of four million won or more due to a crime of violating the Road Traffic Act at the same court on July 31, 2013.

On July 27, 2018, the Defendant driven B-car under the influence of alcohol with approximately 0.113% alcohol concentration from the 2km section of approximately 2km to the 6k roads of Heung-dong bus terminals, Cheongju-si, Cheongju-si, and from the front of the Dong-dong bus terminals, the Defendant driven B-car under the influence of alcohol with approximately 0.113% of alcohol content from the 2km section to the front of the wall apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (the previous confirmation), and application of Acts and subordinate statutes of three copies of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant was significantly high, the defendant confessions that he had been punished three times due to driving under alcohol, and reflects that he has no record of punishment more than the suspension of execution.

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