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(영문) 청주지방법원 2018.07.26 2018고단695
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On January 20, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Cheongju District Court, and on June 3, 2015, a summary order of KRW 2 million for the same crime at the same court.

[Criminal facts]

1. On September 2, 2017, the Defendant, while under the influence of alcohol at around 02:30 on September 2, 2017, driven a car owned by the Defendant, approximately KRW 25 km, a vehicle owned by the Defendant, from the Do in front of the “luran cafeteria” located in the lower part of the Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do, Yan-gu, Y-gu, Seoul, Cheongdong-gu, Cheongdong-gu.

2. On September 10, 2017, the Defendant: (a) around September 10, 2017, while under the influence of alcohol on September 10, 2017, the Defendant driven the said car from the Do in front of the “private-distance Posing Vehicle” located in the lower part of the Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) around 25km from the Do in front of the “private-distance Posing Vehicle” located in the lower part of the alcohol content among blood transfusion around 06:03 on September 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. An explanatory note for each control;

1. All on-site photographs;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

At the time of each of the crimes in this case, each of the crimes in this case led to a very high level of alcohol content of the defendant's blood, that the defendant had been punished twice due to the previous drinking driving, that the defendant has been driving again for a short time after the first enforcement of drinking, and that re-control has been made again, and that it is against the suspension of execution.

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