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(영문) 청주지방법원 2018.05.24 2017고단1776
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 5, 2014, the Defendant is a person who has been sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on the following grounds: (a) the Defendant received a summary order of KRW 5 million for the same crime from the same court on May 29, 2015; and (b) the Defendant received a summary order of KRW 5 million for the same crime from the same court on at least two occasions.

On July 28, 2017, at around 23:45, the Defendant driven a 25-day motor vehicle with alcohol content at approximately 0.167% in blood while under the influence of alcohol from the 1km section from the 25-day front of the Cheongju University located in the same Gu, Cheongju University located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A response to a request for appraisal (a written appraisal of alcohol during blood);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation thereof), and application of each summary order text;

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: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

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 recently been punished twice due to drinking driving, and has been led to a confession and reflect on the fact that the defendant has recently been punished twice.

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