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(영문) 청주지방법원 충주지원 2017.09.22 2017고단697
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving in drinking), a summary order of KRW 1.5 million by the same court on April 6, 201, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving in drinking), and a summary order of KRW 5 million by the same court on July 9, 2014, respectively.

Nevertheless, on August 24, 2017, around 20:10, the Defendant driven a B-hand car with approximately 10 meters alcohol concentration of about 0.141% in the section of about 10 meters from around 132 meters to the road front of the 132-ro, i.e., a 132-lane 132, a g., a g., a g., the g., the g., the g., the g., the g., the g., the g., the g., the

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

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

1. A survey report on actual conditions;

1. On-site photographs of traffic accidents;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a fine due to driving under the influence of alcohol in 2009, 201, and 2014 of the Criminal Act, and again committed the instant crime. As such, the risk of repeating the instant crime is high. In light of the fact that, at the time of the instant crime, the Defendant, while driving under the influence of alcohol with a high alcohol content while driving under the influence of alcohol, caused a traffic accident involving the Defendant’s vehicle being driven under the influence of the Defendant’s vehicle, it is also inadequate to punish the Defendant by imprisonment

However, the defendant confessions all of the crimes of this case and is in profoundly against the defendant, and the defendant shall be punished by a fine of three times prior to the confession.

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