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(영문) 청주지방법원 2018.09.06 2018고단768
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] The Defendant was punished by a fine of two million won for a crime of violating road traffic laws at the Cheongju District Court on June 26, 2006. On May 12, 2010, the Defendant also was punished by a fine of two million won for the same crime in the same court.

[2] On April 12, 2018, the Defendant: (a) around 01:21, the Defendant: (b) driven a vehicle B while under the influence of alcohol with approximately 0.154% alcohol concentration in the blood alcohol level from the front day of the mutually unclaimed restaurant in the petition rate-dong to the front day of the off-dong branch in the same Dong-dong, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control, statement of the situation of a driver driving, and notification of the results of crackdown on drinking;

1. Scenic photographs;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Re-driving of drinking, even though he/she has been sentenced to a fine not exceeding twice due to the reason of sentencing under Article 62-2 of the Criminal Act by an order to attend a lecture or the order to provide community service;

In short, drinking figures are relatively high. o's mistake is recognized and reflective. o's other sentencing conditions in Article 51 of the Criminal Act are determined as ordered by comprehensively taking account of the sentencing conditions in Article 51 of the Criminal Act.

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