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(영문) 청주지방법원 2018.08.09 2018고단638
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 April 23, 2007, the Defendant was sentenced to a summary order of 1.5 million won as a crime of violating the Road Traffic Act at the Busan District Court, and on December 29, 2010, the Defendant was sentenced to a suspended sentence of 2 months for the same crime at the Cheongju District Court.

On March 28, 2018, while under the influence of alcohol content 0.061% during blood transfusion, the Defendant driven a car with B, from the section of approximately 300 meters, to the front road of the “agricultural and fishery product market” located in the “agricultural and fishery products market” in the same 89-27 from the front road of the Cheongju-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant recognized a criminal act; (b) the degree of alcohol content is relatively high; and (c) the degree of criminal punishment for a crime committed in a short period of time is not repeated; and (d) other unfavorable circumstances, such as the Defendant’s age, sex, motive, means, and consequence of the crime; and (b) other unfavorable conditions for sentencing as indicated in the instant records and theories, such as the circumstances after the crime, etc., and all of the circumstances constituting the sentencing conditions as indicated in the text of the order.

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