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(영문) 청주지방법원 2018.07.26 2018고단401

도로교통법위반(음주운전)

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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

On April 16, 2010, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on April 16, 2010, and a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on July 8, 2014, respectively.

On February 20, 2018, the Defendant, while under the influence of alcohol content of 0.111% during blood transfusion, driven a CAW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Occurrence of a violation of traffic laws on roads and reports on arrest;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and 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 a lecture has been two times the same forces of the same kind o in sentencing, but again, the driving of drinking alcohol is recognized as stated in its reasoning. The o and the disposal of vehicles shall be made by taking into account the sentencing conditions under Article 51 of the Criminal Code.