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(영문) 청주지방법원 제천지원 2015.08.20 2015고단345

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 28, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District Court on January 28, 2010, and on March 9, 2010, the Defendant was sentenced to a suspended sentence of KRW 1.5 million for the same crime and was sentenced to a suspended sentence of six months for the same crime in the same court. On July 5, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime.

【Criminal Facts】

On July 5, 2015, at around 05:19, the Defendant driven CK5 car under the influence of alcohol content of about 0.121% in a section of approximately 50 meters from the Do in front of the downhaba-dong Habadong, the lower court, the lower court, at around 05:19, driven CK5 car under the influence of alcohol content of about 0.121% in a section of approximately 50 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Control note;

1. On-site photographs;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (Attachment to suspects A, other drinking cases of the same kind, and copies of summary orders), court rulings (2013No146), court rulings (2013No325), court rulings (2010No325), summary orders (2010No666) and the application of statutes;

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 fact that the defendant, who was sentenced to the sentence, has been punished several times due to drinking driving, and even before two times due to the suspended sentence, commits the crime of this case at the same time during the suspended sentence period, is disadvantageous to the defendant. The fact that the defendant led to confession of the crime of this case 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.