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(영문) 청주지방법원 충주지원 2019.02.22 2018고단726
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Cheongju District Court, and on November 11, 2016, the Defendant was issued a summary order of KRW 6 million for the same crime at the Cheongju District Court.

At around 23:20 on November 23, 2018, the Defendant driven B SP car on the road located at approximately 500 meters from the front side of the public parking lot located in the Chungcheongnam-gun of Chungcheong-gun to the front side of the gold king office located in the same Eup/Myeon, from the front side of the public parking lot located in the Chungcheongnam-gun of Chungcheong-gun to the front side of the gold king Office located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Criminal records: Application of Acts and subordinate statutes of Part II of criminal records, reply reports, and summary order;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order of education under Article 62-2 of the Criminal Act were sentenced to a fine for the reason of the sentence of punishment, and then the sentence was passed once again for two years, taking into account the fact that the person was sentenced to a fine for drinking alcohol, blood alcohol level, etc. In addition, the sentence is determined taking into account the criminal records, the background of the crime, the circumstances after the crime, and other sentencing conditions. In addition, the sentence is repeated at intervals of two-3 years, taking into account the fact that the drinking alcohol level was significantly high (0.17%, 0.214%) and the probation and community service order, etc. are added.

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