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(영문) 청주지방법원 2018.10.05 2018고단1714
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No driver of any motor vehicle shall threaten or endanger other persons, or cause any danger to traffic by continuously or repeatedly committing two or more acts, from among signal violations, medians, speed, suspension of internships, violation of safety distance, violation of prohibition of changing course, violation of prohibition of rapid operation, violation of prohibition of interference with the preceding or preceding class, violation of prohibition of interference, generation of noise without justifiable grounds, etc.

Nevertheless, the Defendant driven a BA7 car under the influence of alcohol content 0.235% on July 10, 2018, while driving the car at around 03:25% of alcohol during blood, and passing through the intersection of the large park by violating the stop signal while driving the road near the private road located in the area of the Cheongju City, which is reasonable in the Cheongju City, toward the private road at the distance of the large city, and then driving through the large city, while driving through the large city road at the distance of the large city, caused danger to traffic by passing through the large city by breaking the central line, in violation of the stop signal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. Notification of the results of crackdown on drinking;

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1), 151-2 and 46-3 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures: The same criminal record is one time for the same type of crime, the circumstances that are favorable to the higher alcohol concentration in the blood: the defendant's wife appears to be against his/her mistake, the defendant's wife's wife's desire to take the defendant's wife, and the defendant's age, sexual behavior, environment, motive, means, and consequence in the above circumstances.

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