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(영문) 청주지방법원 2019.01.10 2018고단2255
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 20, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Cheongju District Court on August 20, 2015; on July 25, 2013, the Defendant was issued a summary order of KRW 5 million for the same crime by the same court; on July 22, 201, the Daejeon District Court rendered a summary order of KRW 3 million for the same crime.

【Criminal Facts】

At around 01:40 on September 9, 2018, the Defendant driven a Bsp motor vehicle under the influence of alcohol by 0.165% in a section of about 331 meters from the Do located in the central library of Jincheon-gun, Jincheon-gun, Jincheon-do to the mountain zone located in 10, Jincheon-do, Jincheon-do, Jincheon-do, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for identical drinking power of a suspect);

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 punished three times due to drunk driving, and the last previous criminal record was led to a stay of execution, and there was a confession that the defendant was sentenced to a stay of execution, and the number of self-denunciation.

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