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(영문) 청주지방법원 2014.07.03 2014고단345
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 1, 2007, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Cheongju District Court, and on January 18, 2008, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act at the Cheongju District Court, and on March 25, 201, the Defendant was sentenced to a suspended sentence of four months for a crime of violation of the Road Traffic Act at the Cheongju District Court, and completed the execution of the sentence at the Cheongju District Court on July 25, 201.

On March 19, 2014, at around 05:46, the Defendant driven CM5 car under the influence of alcohol content of about 0.140% from a section of about 300 meters from a section of 173-19, from the front of the Cheongsung Hospital to the front of the Cheongju City, to the Cheongju City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Control note, report on the circumstances of a drinking driver, and notification of the results of the drinking driving control;

1. Previous records: Criminal records, investigation reports (report attached to the same kind of court records), court records, application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The defendant, for the reason of sentencing Article 35 of the Criminal Act among repeated crimes, has been sentenced to punishment for the same kind of crime, and has been punished several times during the period of repeated crimes, and the defendant has committed the instant crime again during the period of repeated crimes. It is inevitable to punish the defendant with severe punishment.

However, taking into account the favorable circumstances, such as the fact that the misunderstanding is against the mother, the support for the mother and the children, the fact that family members and branch members want to take the Defendant’s wife, the driving distance is not long, the contents of the previous penal power, and the degree of punishment, the motive for the instant crime, the circumstances after the instant crime, the defendant’s age, character and conduct, and all other circumstances, such as the defendant’s family relation, the statutory punishment as the order of punishment

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