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(영문) 청주지방법원 충주지원 2018.07.24 2018고단381

도로교통법위반(음주운전)

Text

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

Reasons

Punishment of the crime

[criminal history] On July 24, 2014, the Defendant was sentenced to four months of imprisonment with labor for a violation of road traffic law at the Cheongju District Court Support, and completed the execution of the sentence at the Cheongju detention center on October 17, 2014.

[2] On September 30, 2017, around 21:40, the Defendant driven two cargo vehicles of Cpoter while under the influence of alcohol level 0.156% in alcohol level in the blood, from the roads near the 199-ro “2roter” to the roads near the 286-ro branch in the same city to the roads near the 286 branch in the same city.

Summary of Evidence

1. Statement by the defendant in court;

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. Notification of the results of regulating drinking driving;

1. Criminal Records: References to inquiries, such as criminal history, investigation reports (the attachment of repeated crimes and criminal records of the same kind), - the Cheongju District Court Decision 2014 Highest 245 Highest - the application of Acts and subordinate statutes on the personal confinement status;

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

1. Article 35 of the Criminal Act of aggravated repeated crimes, including criminal records of imprisonment with prison labor for the reason of sentencing, has been serving more than six times the same criminal records, and there is also a history of criminal punishment for traffic-related crimes, such as violation of the Act on Special Cases concerning the Settlement of Traffic Accidents without Driver's License for Escape Vehicles, and also has been serving more than ten times for violent crimes. In addition, even though criminal punishment continues to exist, the same crime has been committed during the period of repeated crimes due to drinking. In light of the content and duration of the crime, even if criminal punishment continues, the Defendant repeats similar crimes, and in light of the content and period of the crime, etc., is very high risk of repeating a crime. In addition, the Defendant runs away without summons by an investigative agency. In addition, such circumstances, the degree of alcohol content during blood transfusion, the period of recidivism (including the circumstances in which a large number of criminal records related to traffic were committed before 10 years), circumstances after the crime, and other circumstances after the