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(영문) 청주지방법원 2018.02.01 2017고단2254

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to a summary order of a fine of KRW 3.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on March 26, 2015, and was sentenced to a fine of KRW 7 million in the same court on March 26, 2015, and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act on at least two occasions due to the same crime. On December 17, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime at the same court on December 25, 2015, and the judgment became final and conclusive on December 25, 2015.

On August 6, 2017, at around 23:00, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.204% from the 1km section to the 1km road located in the same Eup/Myeon, Chang-gu, Chang-gu, Chang-gu, Seoul, Seoul, to the roads located in the 2nd century, Chang-gu, Chang-gu, Seoul, to the roads in the same Eup/Myeon.

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. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (the confirmation of crimes during the same type of force and suspended execution period);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, and the order to attend a community service order, are three times in the last five years, and the number of same crimes in the last five years is repeated during the period of suspension of execution of the same crime, and driving under the same condition of drinking, etc. In other words, it cannot be seen that o’s mistake is recognized and reflects that o. The disposal of the vehicle and the use of public transport will take full account of the sentencing conditions under Article 51 of the Criminal Act.