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(영문) 청주지방법원 제천지원 2016.12.08 2016고단434
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 16, 2010, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Doing Vehicle) in the Cheongju District Court’s Jeju District Court’s Incheon Branch on June 30, 201, and was sentenced to one year and six months of suspension of execution and three years of suspension of execution. On December 8, 2011, the Defendant was sentenced to one year of imprisonment due to a violation of the Road Traffic Act (doing Vehicle) in the Cheongju District Court’s Incheon Branch on December 16, 201, and the said sentence became final and conclusive on December 16, 201, and the execution of the sentence was terminated on May 3, 2015.

On September 13, 2016, at around 16:38, the Defendant driven a Category D Star motor vehicle under the influence of alcohol leveling 0.102% of alcohol level from approximately 1.5km at the section of approximately 1.5km to the front distance of the Young-dong, Young-dong, Young-dong.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. A report on the circumstantial statements of the driving of a drinking house and a report on the detection of a drinking driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Certificates of blood alcohol alcohol (on-line criminal records);

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to report on investigation (verification of repeated period);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, among repeated crimes, shall be determined as ordered by taking into account the following circumstances under Article 35 of the Criminal Act:

In particular, the fact that the person commits the crime of this case during the so-called repeated offense period after being sentenced to imprisonment on December 201 due to the violation of the Road Traffic Act (recognition) and one time of the violation of the Road Traffic Act (regnition refusal).

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