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(영문) 청주지방법원 제천지원 2015.07.23 2015고단311

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 21, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong District Court's Chungcheongnam on June 21, 2010, and on April 4, 2014, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for a year of imprisonment with prison labor for the same crime, etc. and was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving)

【Criminal Facts】

On May 31, 2015, at around 13:10, the Defendant driven a rocketing car under the influence of alcohol of about 0.155% of alcohol content at the 15km section from the Do located in the Jeju-si, Gangwon-do, Gangwon-do, to the road located in 189-25, Gocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of criminal history records, investigation reports, loyalty support 2013 highest 873 court rulings, investigation reports (Attachment of criminal records, the suspect, the same kind of court rulings) and summary order 2010 high-level high-level 121 criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from one year to six months;

2. The Defendant, who has been sentenced to punishment several times due to drinking driving, etc., and, in particular, even before a suspended sentence due to a traffic accident while drunk driving, commits the instant crime while under the suspended sentence period, is disadvantageous to the Defendant, and the Defendant’s confession of the instant crime and reflects it is favorable to the Defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.