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(영문) 청주지방법원 충주지원 2018.11.30 2018고단554
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 record] The defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the support of the Chungcheong District Court on July 15, 2002, the summary order of KRW 3.5 million for the same crime in Busan District Court on November 16, 2007, and the summary order of KRW 7 million for the same crime in the support of Chungcheong District Court on May 30, 201, respectively.

[2] On September 3, 2018, the Defendant driven a BWD car under the influence of alcohol content of approximately 0.191% from the 15km section to the apartment front of the apartment house, on the road of the “CU convenience store” located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do. to the day of the “CU convenience store” in the front of the “CU convenience store,” located in the front of the “CU convenience store,” and only 1,000-year trees located in the front of the apartment house.

Accordingly, the defendant, who has been punished for drinking more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Criminal history: References to inquiries, such as criminal history, investigation reports (the same criminal record and confirmation of the suspect), - Application of summary orders and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentence shall be imposed in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the period of recidivism, the degree of alcohol in blood, the records of the crime, circumstances after the crime, and other sentencing conditions.

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