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(영문) 청주지방법원 2019.02.21 2018고단2596
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

【Criminal Power】 On January 25, 2002, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1.5 million at the Cheongju District Court on September 6, 2002, a summary order of KRW 1.5 million for the same crime in the same court on November 30, 206, a summary order of KRW 700,000 for the same crime in the same court on August 4, 2010, a summary order of KRW 2.5 million for the same crime in the same court on May 8, 2014, and a summary order of KRW 7 million for the same crime in the same court on May 8, 2014.

【Criminal Facts of Crimes】 On November 3, 2018, around 22:39, the Defendant driven a F body-man car in the state of alcohol alcohol concentration of 0.086% at a section of approximately 3 km from the nearest road of the Cbaling Station B located in the petition-gu, Cheongju-si to the same Gu D, and the front road of E.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of each summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

At the time of the crime of this case, the defendant's blood alcohol concentration was high, the defendant confessions that he had been punished five times due to drunk driving, and reflects that he had been punished five times due to his previous crime, and there is no record of the suspension of execution or more.

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