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(영문) 청주지방법원 제천지원 2017.06.29 2017고단138
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 July 25, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Cheongju District Court Branch on July 25, 2007, and on November 19, 2013, the above court received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving).

[2] On April 20, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.181% from the section of approximately 3 km, 0.181%, from the road near the apartment complex of the Han Man-si, 110-gil 7-gil 110, around 2017 to the 3334, Seocheon-si, Seocheon-si.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a car while under influence of alcohol in violation of the above provision.

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 results of crackdown on driving alcohol;

1. Written appraisal of alcohol during blood (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Application of statutes governing judgment;

1. Article 148-2 of the Criminal Act applicable to the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Criminal Act that choose the penalty (the choice of imprisonment);

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been two times of punishment due to the violation of the Road Traffic Act (drinking driving), confessions and reflects that there has been a record of punishment.

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