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(영문) 청주지방법원 2019.02.21 2018고단1440
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 22, 2013, the Defendant was sentenced to a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Cheongju District Court on August 22, 2013. On February 3, 2015, the Defendant was sentenced to a fine of 8 million won for the same crime, etc. in the same court on February 3, 2015. On June 18, 2015, the Defendant was sentenced to a suspended sentence of 1 year for the same crime, etc.

2. Around 03:45 on June 27, 2018, the Defendant driven a 2 km car from the petition road in front of the Gu Office C to the E point in front of the same Gu, Cheongju-si, while under the influence of alcohol with a blood alcohol content of 0.183%.

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 of judgment: Criminal history records, investigation reports, previous dispositions, results confirmation reports, and the application of Acts and subordinate statutes;

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. 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 taking into account the following circumstances in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act.

At the time of the crime of this case, the blood alcohol concentration of the defendant was very high, the defendant had been already punished four times due to drunk driving, and the last one is confessioning that he was subjected to a suspended sentence, and the person with disabilities of class 2 with delay disability.

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