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(영문) 청주지방법원 2018.03.29 2017고단1832

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

On December 19, 2013, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Cheongju District Court on December 19, 2013, and on August 13, 2015, the Defendant was sentenced to a suspended sentence of two or more times for a crime of violating the Road Traffic Act (driving) by committing a violation of the Road Traffic Act.

On June 22, 2017, around 00:42, the Defendant driven B emulter cargo under the influence of alcohol content 0.136% from around the 4km section from around the convenience store near the government office building in Sejong City to the third to the third to the third toluene in the long-term area in Sejong City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Inquiry about criminal history, summary order, and application of the text of the judgment;

1. Article 148-2 of the Criminal Act applicable to the crime, Articles 148-2 (1) 1 and 44 (1) of the Criminal Act, the selection of punishment for imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment is not only the defendant was already punished several times for the same kind of crime, but also the defendant committed the instant crime during the suspension of execution and protection observation period for the same kind of crime. The defendant's age, sex, motive, means and consequence of the crime, and all other circumstances constituting the sentencing conditions specified in the instant records and arguments, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.