(영문) 청주지방법원 제천지원 2017.09.07 2017고단218

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 제천지원 2017.09.07 2017고단218

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 12, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Cheongju District Court Support, which was sentenced to imprisonment with labor for the same crime in the same court on January 22, 2015, and two years of probation.

[2] On July 8, 2017, at around 17:34, the Defendant driven a DNA strawing car under the influence of alcohol level of about 0.196% in the section of about 9km from the dry field owned by the Defendant, which was located in the Chungcheongnam-gun C, to the two music parks located in the 105 west northwest of the same military branch.

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 result of crackdown on driving alcohol [the criminal records as stated in the judgment];

1. Written inquiry about criminal history, etc. (A);

1. One copy of the text of the summary order, and one copy of the text of the judgment; and

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances.

The fact that a person commits the instant crime even though he/she was sentenced to a suspended sentence of two years, a community service for 160 hours, and a 40-hour driver's instruction to take a part in the driving of the Road Traffic Act on the grounds of a violation of the Road Traffic Act (drinking driving), and in particular, he/she led to the confession that he/she commits the instant crime even though he/she was sentenced to a suspended sentence of two years, a community service for 160 hours, and a

참조조문

-형법 제53조

-형법 제55조 제1항 제3호

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