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(영문) 청주지방법원 2016.06.09 2016고단549

도로교통법위반(음주운전)

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

On September 17, 2009, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic law (drinking driving) in the Seogsan Branch of the Daejeon District Court on September 17, 2009, and a fine of 6 months for a crime of the same offense at the Chungcheong District Court on October 8, 2009 and 2 years for a suspended sentence.

However, on March 27, 2016, the Defendant driven C-Ad motor vehicle up to 6th day of the same Jin-ro 9-ro, e.g., nine (9) in front of the instant cafeteria in the middle of the Cheongju-gu, Cheongju-si, the alcohol content of which is 0.149% under the influence of alcohol during blood around 19:50 on March 27, 201.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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, and an investigation report (verification of criminal history in the same paper) statute;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The same sentence as the order shall be determined by taking into consideration all the conditions of sentencing shown in the arguments of this case, such as the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the driving background of drinking alcohol, the distance of drinking driving, the measurement of drinking, the same criminal records, and the serious reflectivity

It is so decided as per Disposition for the above reasons.