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(영문) 청주지방법원 영동지원 2016.10.13 2016고단108

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On February 8, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Youngju District Court’s Young-dong branch. On December 26, 2008, the same court was sentenced to a fine of 8 months for a violation of the Road Traffic Act (driving). On October 10, 2013, the same court was sentenced to a suspended sentence of 1 year and 6 months for a violation of the Road Traffic Act.

【Criminal Facts】 The Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, once again, driven an Ebe-crated vehicle under the influence of alcohol of about 0.108% from the 300m section to the front road of Hoam Apartment apartment located in the 69-dong, Dongdong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do at around 23:38 on June 11, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the crackdown on drinking driving and on the circumstantial statement of drinking drivers;

1. Criminal records as stated in the judgment: Application of the inquiry report, investigation report (Evidence List No. 15), and judgment attached thereto, and other Acts and subordinate statutes;

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;

2. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”) shows that the Defendant was committed by committing the instant crime and committed the instant crime, and the distance in which a drunk driving was conducted is relatively short.

The defendant's wife and mother who suffered vertebrates, etc. should support the defendant's wife and mother, such as suffering from urine disease, etc., and for this reason, the sons of the defendant want to support the defendant's wife.

However, on the other hand, the Defendant was punished by a fine on three occasions as a result of a crime of drunk driving in March 2002, March 2006, and May 2006, respectively, and even thereafter, the Defendant committed a crime of drinking alcohol leveling 0.165%.