(영문) 청주지방법원 2018.11.09 2018고단2172

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줄 간격

자간(%)

(영문) 청주지방법원 2018.11.09 2018고단2172

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On October 2, 2013, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Cheongju District Court for a violation of the Act on the Development of Roads (driving). On September 28, 2010, the Defendant was issued a summary order of KRW 1 million with the same crime in the same court.

[2] On July 14, 2018, the Defendant driven B, while under the influence of alcohol, B, and III, while under the influence of alcohol 0.183% from the 1km section to the shooting distance, from the road in the ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si.

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. Written response to a request for appraisal;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, sex, environment, motive, means, means and consequence of the crime, circumstances before and after the crime, etc., in light of the following circumstances: (a) the same criminal record is two times; (b) the blood alcohol concentration is favorable to him; (c) he appears to reflect his mistake; and (d) he has no criminal record exceeding the fine; and (c) the punishment shall be determined

참조조문

-형법 제62조 제1항

-형법 제62조의2

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