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(영문) 청주지방법원 영동지원 2017.12.14 2017고단125
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Daejeon District Court on September 5, 201, and a summary order of KRW 3 million for the same crime at the same court on March 25, 2013, respectively.

On September 12:35, 2017, the Defendant driven BM6 automobiles under the influence of alcohol leveling to about 0.183% in a section of about 10km from the front of the house located in 28-5, an implied 28-5 way from the front of the house to the roads located in Samcheon-ro, Kacheon-ro, Kacheon-ro, the same military branch office, to the roads adjacent to the access road to the Samcheon-ro, the Defendant driven BM6 automobiles under the influence of alcohol leveling to about 10km.

Accordingly, the defendant, who violated the prohibition of drinking under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of crackdown on drinking;

1. Criminal records as stated in the judgment: A response to inquiries, such as criminal history, investigation report (Evidence Serial No. 17), and application of the attached documents and statutes;

1. Relevant provisions of the Act 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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] of the order to observe protection and attend lectures] The crime of this case is that the defendant, who violated the prohibition of drinking twice or more, once again, drives drinking again, and the nature of the crime is hot.

The alcohol concentration in blood was considerably high by 0.183%.

The crime of this case occurred as a traffic accident and the risk was realized.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

There is no criminal history that has been punished for a defendant heavier than a fine.

In addition, all kinds of sentencing revealed in the trial process of this case, including the defendant's age, reputation, character and behavior, environment, health status, family relationship, and circumstances after the crime.

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