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(영문) 청주지방법원 2018.08.09 2018고단524

도로교통법위반(음주운전)

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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

On July 3, 2012, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (drinking driving), etc. by the Jeju District Court on July 3, 2012, and a fine of KRW 5 million by the same court on September 26, 2012, for a violation of the Road Traffic Act (drinking driving).

On February 10, 2018, the Defendant, while under the influence of alcohol 0.130% during blood transfusion, driven a car B from the front of the “SK Haak 3 Factory” to the front of the “SK 3 Factory,” which is located in 337, as the Cheongju-si Office Office, as the Cheongju-si Office was located, to the front of the salary string distance in 554 as in the same Gu’s position.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records: A reply to inquiries, such as criminal records, investigation reports (Attachment to the previous decisions and court rulings, etc.), and application of each statute of the judgment;

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. 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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act, including Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime:

At the time of the crime of this case, the amount of alcohol concentration among the blood of the defendant was very high, and the defendant has already been punished twice due to drinking driving, and has been led to the confessions and reflects that the defendant has been punished twice.