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(영문) 청주지방법원 제천지원 2018.07.12 2018고단118

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On December 10, 2010, the Defendant received a summary order of KRW 2 million as a fine of KRW 700,000 for a crime of violation of the soil law on roads at the Suwon Flag Flag, and on April 13, 2007 at the same court, which received a summary order of KRW 70,000 for the same crime.

[2] On October 19, 2017, the Defendant driven a BS-type car volume while under the influence of alcohol content 0.077% in blood, with a distance of about 600 meters from the front of the “heat in capital reduction” to the front of the 61st place of “her forest certified brokerage office,” which is located in Seocheon-si, Seocheon-si, Seocheon-si, 2017.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (precination of alcohol concentration among the blood transfusion of a suspect A);

1. Criminal records: References to inquiries, such as criminal history, investigation reports, and application of each summary order statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A person who has been subject to a fine twice a fine on around 2007 and around 2010 due to a violation of road traffic laws.

In favorable circumstances: The blood alcohol concentration is not relatively high.