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(영문) 청주지방법원 충주지원 2018.05.04 2018고단97
도로교통법위반(음주운전)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 26, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s support on September 26, 2014, and the summary indictment was filed with the same court on November 21, 2017.

[2] On February 17, 2018, at around 04:29, the Defendant: (a) driven a car under the influence of alcohol concentration of about 0.134% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around 1.5 meters in the section of about 1.5 meters from the front of the 5-lane, Yeonsu-dong, Yeonsu-gu, Chungcheongnam-do, Yeonsu-do, Yeonsu-do, Yeonsu-do, to the front of the 149 “beneficiary” road located in the same vision.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Criminal Records: References to inquiries, investigation reports (Attachment to the previous decisions and related decisions), - Application of statutes, such as the text of the Decision No. 1503, Cheongju District Court 2014, Cheongju District Court 2014;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the protection and observation and community service order and community service order, and the order to attend a lecture, have a record of driving alcohol more than twice within five years, and in particular, the investigation by drinking driving, the summary indictment, and the absence and three months, and the name in the crime again. The crime is repeated within a short period and the alcohol concentration in the previous drinking exhibition is very high (0.196%, 0.168%). In the event of the crime in this case, the alcohol concentration in the blood during the crime is very high to 0.134%. In addition, the sentence is selected taking into account these circumstances into account: the criminal records (no record of punishment for any crime other than the previous crime subject to a fine for drinking driving), the defendant’s age and occupation, circumstances after the crime, and other sentencing conditions.

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