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(영문) 청주지방법원 2018.10.04 2018고단1487
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

[criminal history] On December 14, 2010, the Defendant was punished by a fine of 2.5 million won by committing a violation of road traffic law at the Cheongju District Court on December 14, 2010. A person who was punished by a fine of 6 million won by the same court on January 19, 2016.

[2] On June 18, 2018, around 06:10, the Defendant driven a B Poter-II truck with alcohol content of 0.094%, while under the influence of alcohol, at around about 10 kilometers from the nearest road of Cheongju-si, Chang-gu, Seoul Special Metropolitan City, the Defendant driven a B Poter-II truck with alcohol content of 0.094%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force, etc.);

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:

The defendant has been already punished twice due to drinking driving, the amount of alcohol concentration among the blood of the defendant at the time of the crime of this case is confessioned and reflected, and there is no record of punishment of suspended execution or more.

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