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(영문) 청주지방법원 2015.02.05 2014고단1796
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 3, 2007, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on June 8, 2007, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court on June 8, 2007, and on February 1, 2008, at the Cheongju District Court on February 1, 2008, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

[2014 Highest 1796]

1. On November 22, 2014, around 23:10, the Defendant driven a CP vehicle while under the influence of alcohol with approximately 10 meters alcohol concentration of about 0.178% in the section of about 10 meters from the 15-5-ro, Youngcheon-ro, Youngcheon-ro, 187-5, to the happy roads located in the 15-3-ro, Youngcheon-ro, Youngcheon-ro, 201.

[2014 Highest 1902]

2. At around 15:50 on November 30, 2014, the Defendant driven a CP motor vehicle at a section of about 300 meters from the Cheongju Prospective Zone located in the Cheongju-si Office, the petition of which is located in the same Gu from the Cheongju-si Office to the front street, while under the influence of alcohol with a blood alcohol content of 0.261%.

Summary of Evidence

[Defendant-Appellee 1], 2014 Highest 1796]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving (the point of No. 2 on the market, the height of no. 2014 piece 1902);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Investigation report on actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving [the previous offense on the market, the second offense on the market, and the second offense 1796];

1. Criminal history records, reply reports, judgment, application of summary order Acts and subordinate statutes;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) the Defendant was sentenced to a suspended sentence of two years for the purpose of violating the Road Traffic Act at the Cheongju District Court on February 1, 2008; and (b) the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

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