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(영문) 청주지방법원 2016.11.18 2016고단1035

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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 August 4, 2003, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court, and on June 22, 2005, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Cheongju District Court on June 22, 2005; on October 18, 2005, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on October 28, 2005; on June 29, 2006, the Defendant was sentenced to a fine of one million and five million won for a violation of the Road Traffic Act (driving) at the Cheongju District Court on November 22, 2013.

On May 5, 2016, at around 06:00, the Defendant driven CK7 passenger cars under the influence of alcohol of about 0.094% of alcohol content from the 30km section of Jincheon-gun, Jincheon-gu, Jincheon-do, Sincheon-do, Sincheon-do, in front of the Defendant’s house located in Jincheon-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of driving under the influence of alcohol, notification on the results of the control of driving under the influence of alcohol, reports on the state of driver under the influence of alcohol, vehicle photographs, and

1. Relevant Article of the Act on Criminal facts and Article 148-2 (1) 1 of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions, such as the defendant's age, occupation, character and conduct, family relation, and circumstances after the commission of the crime, under the reasons of sentencing in Article 62-2 of the Probation Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

The crime of this case was committed again despite the record of multiple times of punishment due to drinking driving.

The circumstances may be considered in light of the circumstances of the instant crime.

In other words, it is true that a mistake is divided, and the drinking driving is not allowed.