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(영문) 청주지방법원 충주지원 2018.06.01 2018고단177

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 2, 2014, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) in the Chungcheong District Court’s support on May 2, 2014. On October 16, 2015, the Defendant was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act (drinking driving) in the Chungcheong District Court’s support on October 16, 2015 and was sentenced to eight months for a crime of violating the Road Traffic Act (drinking driving) and completed the execution of the said sentence on April 17, 2016.

[2] On March 25, 2018, at around 22:40, the Defendant driven a B-Tech car in the state of alcohol concentration of approximately 0.159% from the 500-meter section of blood alcohol level to the front road of the same time from the 22-lane East East East-do, the Dong-si, Chungcheongnam-do, and the river of the river of the same time, or from the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Criminal history: (A) a response to inquiry, such as criminal history, the personal acceptance status, the list of related cases, and the application of the text of the judgment;

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

1. Article 35 of the Criminal Act of the aggravated repeated crime is very high to 0.159% of alcohol content among the blood transfusions with the reason of sentencing. The degree of alcohol content in the previous drinking during the war is 0.192%, 0.154%, and 0.217%. In the event that a person is sentenced to imprisonment due to drinking driving, including imprisonment, imprisonment without prison labor, and criminal records for a suspended sentence of imprisonment, or seven times or more due to criminal punishment, has a record of criminal punishment. The Defendant again commits the same crime during the period of repeated crime due to drinking driving. The risk of the occurrence of the accident, such as the Defendant’s continued driving of a parked vehicle, to the extent that it is impossible to memory at the time of the instant case. In light of the circumstances leading to the Defendant’s statement and driving of alcohol, the Defendant appears to have been under the influence of alcohol. In addition, considering these circumstances, the sentence of imprisonment with prison labor should be imposed in consideration of such circumstances and the circumstances following the crime (the circumstances after the crime).

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