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(영문) 청주지방법원 제천지원 2017.03.30 2017고단16
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

[Power of crime] On January 23, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of road traffic law (drinking) from the Cheongju District Court on January 23, 2008, and on March 5, 2008, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking).

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act (drinking) on more than two occasions, Defendant 2 driven B rocketing car under the influence of alcohol concentration of about 0.122% in the 2km section from January 14, 2017 to the front of the 301-dong Middle School, according to the same Si’s disease from 21:0 on January 14, 2017 to 301.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

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

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Application of a copy of the summary order under statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.

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