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(영문) 청주지방법원 제천지원 2018.07.12 2018고단131
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On February 13, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act as a crime of violating the Road Traffic Act, on November 12, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Cheongju District Court Support on November 12, 2008, and on February 9, 2010, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving), and on July 18, 2013, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) by the same court.

On April 20, 2018, the Defendant driven Cpoter II cargo in the direction of alcohol 0.216% alcohol level from the section of approximately 200 meters away from the section of approximately 200 meters away from the section of the apartment to the roads adjacent to the 309-dong, Seocheon-si, Seocheon-si, Seocheon-si. around that time, the Defendant driven Cpoter II truck under the influence of alcohol leveling from the section of approximately 16-lane 10 to the 309-dong-si.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Criminal history: Application of an inquiry letter, such as criminal history, investigation report (Attachment report, such as a written judgment on criminal records of the same kind), and the current status of acceptance by individuals;

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: A person has a record of being punished four times as a crime of violating road traffic law, such as the record of crime, and in addition, it is around 2013.

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