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(영문) 청주지방법원 충주지원 2017.05.23 2017고단285
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2] On January 14, 2002, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution two years, and January 11, 2005 to six months in the same court, and on September 18, 2008, to six months in imprisonment with prison labor for the same crime as a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court's Assistance, a fine of two hundred thousand won in the same court on March 17, 2003, a fine of seven hundred thousand won in the same court on April 16, 2003, and a fine of two million won in the same crime as the same crime in the same court on January 9, 2004.

[2] On April 3, 2017, the Defendant driven a B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. An accident scene photograph;

1. The driver's license ledger and the driver's license ledger;

1. Investigation report (verification of the fact of repairing damaged vehicles);

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

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

1. The Defendant for the reason of sentencing under Article 62-2 of the Criminal Act was punished once in 2002 and twice in 203 due to drinking, non-licensed driving, etc., and was punished by imprisonment in 204, six months of probation, two years of imprisonment in 2005, six months of imprisonment in 2008, and two million won of fine in 2012, but was sentenced respectively, and again committed the instant crime, and thus, is highly likely to repeat the crime. The Defendant is punished by imprisonment in consideration of the following: (a) the Defendant was sentenced to imprisonment in the instant case; and (b) the blood alcohol concentration was high at the time of the instant crime.

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