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(영문) 청주지방법원 영동지원 2017.12.07 2017고단115

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 20, 2017, around 23:15, the Defendant driven Cone Star-gun Cargo with approximately 0.092% alcohol level in the section of approximately 30km, while under the influence of alcohol leveling from around 30km to the front road of the 1156 U.S., Dong-dong, Chungcheongnam-dong, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Application of the Acts and subordinate statutes for reporting traffic accidents;

1. Relevant provisions of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] The crime of this case is that the defendant drives a vehicle while under influence of alcohol level 0.092% while blood, and the nature of the crime is not weak.

The distance of drinking driving was significantly long.

The crime of this case was committed in traffic accidents and the risk was realized.

From 2003 to 2006, the defendant has been punished three times for the same crime.

The defendant has been punished as a suspended sentence of imprisonment with prison labor for a crime that violates traffic laws in 2004.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

In the instant traffic accident, the Defendant did not cause any other damage except damage to the Defendant’s vehicle.

Defendant does not commit a second offense.

The driver has scrapped his own vehicle.

There is no other force of the defendant in addition to the same crime, and there is no record of punishment heavier than the fine even after the suspension of the execution is sentenced.

In addition, the defendant's age, reputation, character and conduct, environment, family relationship, and all the sentencing conditions revealed in the trial process of this case, including the circumstances after the crime, etc. shall be determined as ordered.