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(영문) 청주지방법원 제천지원 2014.08.28 2014고단241

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On July 22, 2002, the Defendant was notified of a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act at the Cheongju District Court Jeju Branch on July 22, 2002, and on September 17, 2003, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act. On April 18, 2007, the same court was notified of a summary order of KRW 3 million for a violation of the Road Traffic Act. On August 3, 2010, the Defendant was sentenced to a suspended sentence of a fine of KRW 3 million for a violation of the Road Traffic Act.

1. On April 20, 2014, at around 16:10, the Defendant driven a C-wing truck under the influence of alcohol content 0.239%, from the front of the second school located in Black-si, Black-si to the bottom of the bridge of the same Black-dong two schools.

2. At around 17:40 on April 20, 2014, the Defendant driven the above wing truck while under the influence of alcohol concentration of 0.224% in nine meters below the above two-school lanes.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. A report on detection of a host driver, a circumstantial report on a host driver, on-site reproduction photographs, and on-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (a copy of summary order, etc.), written judgments, etc.;

1. Relevant Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of penalty for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the history of having been punished several times due to drinking or unlicensed driving. While there was a past record of having been sentenced to imprisonment (four months of imprisonment), the Defendant committed the instant crime as long as the period of repeated crime due to the above previous conviction has not lapsed, and the blood alcohol concentration is very high, and the Defendant actually committed the vehicle due to drunk driving.