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(영문) 청주지방법원 충주지원 2016.07.08 2016고단256

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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] The defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution for the same crime in the Cheongju District Court's support on July 10, 2008, as a crime of violation of road traffic law (dacting driving). On March 2, 2010, a fine of 2 million won in the same court as the same crime. On November 16, 201, the defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution.

[2] On April 7, 2016, the Defendant driven BM3 vehicles under the influence of alcohol with approximately 0.079% alcohol level around approximately 2km in the 2km section from the vicinity of the Magwon bus terminal located in 99, a long-term distance of Magwon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. to the vicinity of 78-1, Chungcheongnam-gun, Chungcheongnam-gun, Cheongcheon-gun, the Defendant driven BM3 vehicles under the influence of alcohol leveling from around 2km to around 78-1.

As a result, the defendant had been punished for a crime of violating the Road Traffic Act at least twice, and driving a motor vehicle under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A favorable circumstance in which the Defendant committed the instant crime even though he/she had been punished several times due to drinking driving: The Defendant recognized all the instant crimes and reflects the fact that the Defendant was at the time of the instant crime; the Defendant’s alcohol concentration was relatively high at the time of the instant crime; and the Defendant was finally punished for driving drinking at least four years and six months after the date of the last punishment; the sentence is determined as ordered in consideration of all the above conditions of sentencing, such as the Defendant’s age, sex, environment, circumstances, means and consequence of the instant crime, and the following circumstances.