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(영문) 청주지방법원 2018.12.18 2018고단1535
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

【The Defendant issued, on October 19, 2009, a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Hongsung support of the Daejeon District Court, and on February 8, 2010, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the same court.

【Criminal facts” around July 12, 2018: (a) around 04:27, the Defendant driven a B-car under the influence of alcohol concentration of approximately 0.168% during blood alcohol level from 59 Dok-ro 224, Dok-ro 224, Cheongju-si Dokdong-ro 83, Cheongju-si Dok-ro Dok-ro 83, Cheongju-si Dokdong-gu, Cheongyang-si Dok-gu, and 100m Dok-ro 8, Cheongyang-si Do-si

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), and application of each summary order text;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (abstinences, etc. that may be taken into account in the circumstances of driving under influence of alcohol);

1. Article 62 (1) of the Criminal Act on the suspension of execution (abstinence, etc. and circumstances to be taken into account for driving under drinking);

1. The community service order under Article 62-2 of the Criminal Act;

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