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(영문) 청주지방법원 2018.09.13 2018고단1005

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 9, 2007, the Defendant was punished by a fine of 1.5 million won for a violation of road traffic law in the support of the Daejeon District Court on the Incheon District Court on July 9, 2007. On October 29, 2009, the Defendant was punished by a fine of 1.5 million won for the same crime. On October 23, 2014, the Defendant was punished by imprisonment with prison labor for one year, two years of suspended execution, order to attend education, and order to observe protection and observation for the same crime.

[2] On May 14, 2018, around 23:35, the Defendant driven B Q125 Oba while under the influence of alcohol content of 0.142% in the blood while under the influence of alcohol at the entrance distance of 1464, from a mutually influent restaurant located in the Cheongamdong, a considerable area of Cheongju-si, to about 1 kilometer 1, Cheongju-si, a considerable circulation of about 1464.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. Accident scene and vehicle photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

At the time of the instant crime, the Defendant had a very high alcohol concentration in the blood of the Defendant at the time of the instant crime; the Defendant had been punished four times due to drinking driving; in particular, the Defendant committed the instant crime without being subject to a suspended sentence even though he was placed prior to the suspended sentence in around 2014; and the Defendant led to a traffic accident under the influence of drinking, and led to the confession and rebuttal of the Defendant.