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(영문) 청주지방법원 제천지원 2017.05.18 2017고단84

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 11, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating road traffic law (drinking driving) in the Cheongju District Court Support on the Cheongju District Court. On February 12, 2008, the Defendant was sentenced to a fine of five million won for the same crime in the same court.

[2] On March 11, 2017, the Defendant driven a car at B’s 1.5m alcohol concentration at approximately 0.156m in the section of approximately 1.5m alcohol level from the 211st urban apartment parking lot of the 201st Cheongcheon-si, Incheon-ro, 24-ro, 8,000 from the 211st Cheongcheon-si, Cheongcheon-ro, Cheongcheon-ro, Cheongcheon-ro, Cheongcheon-ro, 201.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

1. Inquiries about the result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. Investigation report (verification of previous records);

1. Application of three copies of written judgments to three Acts and subordinate statutes; and

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

The fact that there was a history of being punished four times for the crime of violating the Road Traffic Act (drinking), and that the crime of this case was led to a two-year suspended sentence in June 2015, which was sentenced to a two-year suspended sentence due to the crime of inflicting bodily injury on the road, and that the crime of this case was committed during the suspended sentence