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(영문) 청주지방법원 제천지원 2017.07.20 2017고단161

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for 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

[criminal history] On January 16, 2008, the Defendant was sentenced to a summary order of KRW 1,500,000 for a violation of road traffic law (drinking) at the Cheongju District Court Support, and on March 4, 2010, the Defendant was sentenced to a suspended sentence of two months for a period of eight months, due to a violation of road traffic law (drinking) at the Cheongju District Court Support.

[2] On May 20, 2017, the Defendant: (a) driven a C-Wood XD car at approximately 1.5 meters away from the east Franchisa or the parking lot located in the building of 5 mix 3,00,00,000, to the front road from the east Franchisa to the 9-ro,000,000: (b) on May 20, 201, while under the influence of alcohol concentration of 0.070% during blood, the Defendant driven C-Wed XD car.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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. Application of two copies of written judgments and other Acts and subordinate 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the protection and observation and the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

The fact that there is three times of punishment for the violation of the Road Traffic Act (drinking driving), in particular, the fact that the person is sentenced to imprisonment for 8 months, 2 years of suspended execution, 40 hours of a compliance driving instruction, etc. on or around 2010, and the fact that the person is led to a confession and contradictory to the fact that he/she is sentenced to an order of 8 months of imprisonment, 2 years of suspended execution, 40 hours of a compliance driving instruction, 1.5 meters of the driving distance.