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(영문) 청주지방법원 2014.01.03 2013고단1383
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 26, 2008, the Defendant was sentenced to imprisonment for five months with prison labor for the violation of the Road Traffic Act and the violation of the Road Traffic Act at the Cheongju District Court on February 26, 2008, and was sentenced to six months for each of the above crimes at the Cheongju District Court on May 6, 2010 and completed the execution of the sentence on December 9, 2010.

On August 30, 2013, while under the influence of alcohol 0.253% on blood alcohol level, the Defendant driven approximately 20 km off the Cpoter freight level from the front day of the cross-defluence in the West-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front day of the U.S. office located in the U.S.-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on detection of a host driver, and circumstantial report;

1. Previous convictions in judgment: Inquiry reports and the application of Acts and subordinate statutes (No. 7) shall be made;

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been sentenced three times only to imprisonment for the same kind of crime, and has been punished several times, but the Defendant again committed the instant crime during the period of repeated crime, and the nature and circumstances of the crime are very serious.

However, the fact that the mistake is against the wrong will be considered as favorable circumstances.

Other kinds of punishment as ordered shall be determined in consideration of the contents of the crime and the degree of punishment with respect to the blood alcohol concentration and driving distance, previous punishment records, motive for the crime of this case, circumstances after the crime of this case, age, character and conduct of the defendant, family relationship, etc.

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