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(영문) 청주지방법원 2018.08.23 2018고단1072

도로교통법위반(음주운전)

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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 Records of Crimes】 On August 20, 2012, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 5 million for a crime of violating Road Traffic Act, and from the Suwon District Court to a fine of KRW 5 million for the same crime, etc. on January 14, 2015.

【Criminal facts】 On April 21, 2018, the Defendant driven approximately 2.5 km from 1298-4 U.S. Magcheon-gun, Jincheon-gun to 30 CU convenience points on a long-term road of 30 CU convenience points, while under the influence of alcohol level of 0.160% during blood transfusion.

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 of the circumstances of the driver involved in driving;

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

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:

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant was very high, the defendant confessions that he had been punished several times due to drinking driving, etc., and reflects that he has no record of punishment more than the suspension of execution.