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(영문) 청주지방법원 2015.09.11 2015고단693

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 2, 2008, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Cheongju District Court on March 22, 201, the summary order of KRW 3 million by a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the violation of the Road Traffic Act at the Cheongju District Court on March 22, 201, the summary order of KRW 2 million by a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) at the Incheon District Court on June 22, 2011, the summary order of KRW 5 million by a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) at the Cheongju District Court on November 1, 2012, and the period of imprisonment for a violation of the Road Traffic Act on April 30, 2013 during the execution of the sentence.

On March 12, 2015, at around 02:10, the Defendant driven a Cbea cruise car under the influence of alcohol 0.194% of blood alcohol content from the 2km section from the French land (hereinafter referred to as the “Cheongju-si”) of Cheongju-si to the old-si in the same Eup to the old-si in the same Eup.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in extenuating circumstances of a driver;

1. A report on detection of a host driver;

1. Previous convictions in judgment: Criminal history records, investigation reports (suspects, confirmation of the same kind of power), identification of individuals, status of confinement, and application of Acts and subordinate statutes in seven copies of judgment;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. It is so decided as per Disposition for reasons beyond Article 53 and Article 55(1)3 of the Criminal Act (i.e., confession, reflectivity, etc.).