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(영문) 청주지방법원 2018.06.07 2017고단2478

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 7, 2007, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws (drinking driving) at the Cheongju District Court on December 7, 2007, and was sentenced to a suspended sentence of 2 years for the same crime at the Cheongju District Court on November 17, 2016 and was sentenced to a suspended sentence of 2 years for the same crime at the Cheongju District Court on December 25, 201

Although the Defendant had a drinking driving force twice or more as above, on October 13, 2017, while under the influence of alcohol content of 0.169% in blood without a motor vehicle driver’s license, the Defendant driven the Cran-do motor vehicle at the 1km section from the road front of the mutual influence in the Gu and Eup, the petition of the Cheongju-si to the roads front of the said Eup/Myeon in the same Eup/Myeon under the influence of alcohol level 0.169%.

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 an inquiry letter, such as criminal history, investigation report (verification of suspect driving force and period of suspension of execution);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

The defendant's blood alcohol concentration was high at the time of the crime of this case, the defendant had been punished several times due to drinking driving, etc., including the previous records of punishment heavier than suspended execution, and confession and reflects that the defendant again committed each of the crimes of this case without being involved in the same suspended execution period.