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(영문) 청주지방법원 제천지원 2017.04.13 2017고단67
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to eight months of imprisonment with labor for a violation of road traffic laws at the Cheongju District Court on November 7, 2014, and was sentenced to six months of imprisonment with labor for a violation of road traffic laws at the Cheongju District Court on March 18, 2015, and was sentenced to six months of imprisonment with labor for a violation of road traffic laws at the Cheongju District Court on September 17, 2015.

[Criminal facts] On February 17, 2017, the Defendant driven a Crocketing Pacific Cargo under the influence of alcohol content of 0.122% while under the influence of alcohol content, from around 1k to around the 370-ro of the same Eup/Myeon, from the Japanese oil station located in 101, to the Hanyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, the water station located in 101 to the 370-ro of the same Eup/Myeon.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

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

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. Investigation report (whether repeated crimes are repeated and confirmation of the same record);

1. Application of Acts and subordinate statutes, such as personal confinement status and copy of judgment;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Article 35 of the Criminal Act for aggravated repeated crimes, shall be determined as ordered by taking into account the following circumstances:

The fact that the Defendant committed the instant crime during the so-called repeated crime period after being sentenced to imprisonment with prison labor for the crime of violating the Road Traffic Act (driving) and committed the instant crime, and led to a confession and reflect that there is a significant degree of alcohol concentration among bloods, and that there is a considerable degree of influence concentration.

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