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(영문) 청주지방법원 충주지원 2017.09.12 2017고단605

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On June 16, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to interference with business in the Cheongju District Court’s Jeju District Court’s Incheon District Court’s Branch, and on February 1, 2017, the Defendant completed the execution of the said sentence at the Cheongju District Court’s detention center.

[2] On May 7, 2017, the criminal suspect driven a car in Crocland under the influence of alcohol level of about 0.181% at approximately 1.5 km from the Do in front of the KU convenience store at the KU convenience store at the CU convenience store at the center of the Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against D or E;

1. Reporting on the arrest of a case;

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. 112 Reporting case handling table;

1. The register of chassiss and driver's licenses of motor vehicles;

1. A report on internal investigation:

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the same criminal records as the suspect and report on the confirmation of repeated crime);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight are both confessions and reflects on the depth of the instant crime, and there is no criminal punishment exceeding the fine due to the driving of alcohol, and since the fine was imposed on March 9, 201 due to the driving of alcohol, there is room for improvement of the habitive walls for the driving of alcohol, since it was not controlled by the driving of alcohol for about six years after being sentenced to a fine due to driving of alcohol on March 9, 201.

However, at the time of committing the instant crime, the alcohol content is high 0.181%, and the Defendant, who was a substitute driver, was driving a substitute driver on his own by disregarding D's solicitation, and was driving a substitute driver E in the police even after control.

The nature of the crime is proved in light of the circumstances of the crime, the circumstances after the crime, etc., such as manipulating the statements of D and E.