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(영문) 청주지방법원 2018.06.21 2018고단415
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 17, 2006, the Defendant issued a summary order of KRW 500,000,000 as a fine for a crime of violating Road Traffic Act at the Cheongju District Court, and one million won as a fine in the same court on January 30, 209.

【Criminal facts” around March 3, 2018: (a) the Defendant driven a BB car while under the influence of alcohol at approximately 0.198% while under the influence of alcohol at approximately 4-5m alcohol level to the front road of the Switzerland apartment complex located in Seo-gu, Seo-gu, Seo-gu, Busan, Seo-gu, CJBbbben site located in the Cheongju-dong, Seoul, in order to work at the end of the KJB site in the 2nd circulation 1717.

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. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same summary order);

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

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture is that the defendant driven in the state of detention even though the previous conviction of the same kind of fine was two times, that the mistake is recognized and reflects, and that the sentencing conditions under Article 51 of the Criminal Code are determined as stated in the Disposition.

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