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(영문) 청주지방법원 제천지원 2018.06.07 2017고단305
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 28, 2006, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving alcohol) at the Seoul Central District Court, and on May 3, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving alcohol). On June 7, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving alcohol) at the early branch court located in the Chuncheon District Court.

[2] On July 20, 2017, at around 03:44, the Defendant driven a Crash car with approximately 400 meters alcohol level 0.085% under the influence of alcohol level 0.085%, from the front day of the main road to the central road in front of the 259, the main road of the Dongdaeyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, Seoul-do.

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. Application of the statutes of Part IV, such as a copy of the summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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 the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

There is a record of being punished three times as a crime of violating the Road Traffic Act (drinking).

The favorable circumstances: The mistake is divided.

The blood alcohol concentration is relatively low.

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