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(영문) 청주지방법원 영동지원 2017.12.14 2017고단135
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Youngju District Court’s Young-dong branch on May 2, 2008, and on October 30, 2008, the Defendant was sentenced to imprisonment for six months with prison labor for the same crime from the same support on October 30, 2008, and on May 16, 2013, the Defendant was sentenced to a suspended sentence of one year for the same crime.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a B-wing truck with approximately 300 meters distance from September 12, 2017, around 20:05, around September 20, 2017, to the road in front of a four-six minutes in front of a four-six-six roads in Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Records of crime: References to inquiries, such as criminal history, investigation reports, and application of the attached documents and statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

3. The reason for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] of the order to observe protection and attend lectures] The crime of this case is a person who violated the provision prohibiting driving of drinking at least twice, and driving a drinking again, and the nature of the crime is hot.

The alcohol concentration in blood was very high by 0.214%.

[The favorable circumstances] The Defendant committed the instant crime, and is able to repent of his mistake.

The instant crime did not lead to a traffic accident.

There is no record of re-offending for about four years and four months after the defendant was sentenced to a suspended sentence of imprisonment for the same crime in 2013.

The defendant's health is not good due to a person with a disability of class 2, and it seems that economic situation is difficult for a person who receives basic living.

In addition, the defendant's age, reputation, character and behavior, environment, family relationship, and circumstances after the crime are included.

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