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(영문) 청주지방법원 2018.10.02 2017고단2717

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal record] The Defendant is a person with five times the same criminal records, such as receiving a summary order of a fine of 4.5 million won for a crime of violating road traffic law (driving driving) at the Cheongju District Court on May 8, 2013.

[Criminal facts] On November 28, 2017, the Defendant driven Csch Rexton vehicles at a section of about 60 meters in the influence of alcohol level of about 0.112% in the blood, from the Dollll Dollll on the Pungdong Pung-dong Pungdong Pung-gu Pungdong-dong, Pungdong-gu, Pungdong-si to the front side of the red sea.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the details of crackdown and the results of crackdown on drinking driving;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (report attached to the previous convictions and copies of the summary order), and application of Acts and subordinate statutes of each summary order;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount (a violation of the said Act and a violation of the said Act or a violation of the said Act or a violation of the said Act);

1. In addition, considering favorable circumstances such as the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the instant crime, circumstances after the instant crime, etc., taking into account the following factors: (a) many criminal convictions having the same kind of reasons for sentencing, the degree of drinking is not easy; and (b) the risk of recidivism by the Defendant is against the Defendant due to the unfavorable circumstances against the Defendant; and (c) a punishment as ordered shall be determined by taking into account the Defendant’s age, sexual conduct, intelligence and environment; and (d) the motive, means and consequence of the instant crime;