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(영문) 청주지방법원 2017.01.19 2016고단2739
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 26, 2012, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law in the Cheongju District Court's support on July 26, 2012. On February 17, 2014, the Defendant was sentenced to 6 months of imprisonment on August 16, 2014 and completed the execution of the sentence.

On November 4, 2016, the Defendant, while under the influence of alcohol content 0.219% during blood transfusions, driven a DNA MZ car from approximately 300 meters away from the front of a restaurant, a 13-lane 13-ro YU, Jincheon-gun, Jincheon-gun, Jincheon-gun, the Mancheon-gu, the Man-gu, the Man-gu, the front of the 99 Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Man-gu, the Defendant.

As a result, the Defendant violated the duty of prohibition on driving at least twice in the state of driving, and drives a motor vehicle again in the state of driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of control, statement of the situation of a driver driving, and notification of the results of crackdown on drinking;

1. Application of replys to inquiries, such as criminal history, reports on investigation (report on confirmation of repeated offense), judgment text, and statutes on the status of personal expropriation;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. According to Article 35 of the Criminal Act of aggravated repeated crimes, the conditions of various sentencing specified in the pleadings of the instant case, such as the reason for sentencing, the driving circumstance of drinking alcohol, the measurement of drinking alcohol, the same repeated crime, the number of criminal records of the same kind (including the actual punishment), and reflectivity, shall be taken into consideration.

It is so decided as per Disposition for the above reasons.

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