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(영문) 청주지방법원 2019.01.30 2018고단2749

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On May 29, 2017, the Defendant received a summary order of KRW 3 million from the Cheongju District Court to a fine of KRW 4 million for a crime of violation of the Road Traffic Act. On July 4, 2011, the Seoul Northern District Court received a summary order of KRW 3 million for the same crime, etc.

【Criminal Facts】

On November 17, 2018, the Defendant driven a Switzerland car with approximately 150 meters alcohol concentration of approximately 0.105% from the Do in front of the Heung-gu C daily food store located in Heung-gu Seoul Metropolitan Government B to the front road of the same Gu.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., comprehensively taking into account the following circumstances into account: (a) conditions favorable to the two times of criminal records in the same kind; (b) the fact that there is no criminal record exceeding the fine; and