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(영문) 청주지방법원 제천지원 2018.08.09 2018고단174
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On July 11, 2007, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act in the Cheongju District Court Support, and on October 22, 2008, the Defendant was issued a summary order of two million won for the same crime in the same court. On May 19, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

[2] On May 25, 2018, the Defendant: (a) driven a DNA 2 truck under the influence of alcohol content of about 0.107% from the 2km section from May 25, 2018 to the day before the dry field in the king-si, Seocheon-si to the day before the dry field in the same city was located in the same city and 87.

On June 9, 2018, the Defendant driven Dpoter II cargo vehicles under the influence of alcohol content of about 50 meters from a section of about 50 meters from Jun. 9, 2018 to the front road of H bus platforms located in Dacheon-si, Dacheon-si. The Defendant driven Dpoter II truck under the influence of alcohol content of about 0.182%.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on driving alcohol [part of the history of crime];

1. Application of a reply to inquiries, such as criminal history in the case of "2018 Highest 174", a report on investigation (verification of such past records), two copies of summary orders, and a copy of the judgment, one of the statutes applicable;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (or choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following grounds for sentencing): The defendant has the history of being punished by a fine due to a violation of the Road Traffic Act twice, and the record of being sentenced to a suspended sentence of imprisonment for the same crime is one time.

Defendant 1, on May 25, 2018, immediately after the period of the suspension of execution of the above judgment expires.

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