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(영문) 청주지방법원 2015.10.01 2015고단959
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On June 2, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on February 12, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for the same crime in this court, and on June 1, 2011, the Defendant was sentenced to a suspended sentence of six months for the same crime.

【Criminal Facts】

On May 16, 2015, while under the influence of alcohol content 00:27%, the Defendant driven D Lasta car over about 300 meters from the front of the KO Center, where the trade name located in the window of the Cheongju-Eup, the petition-gu, Cheongju-si cannot be identified, to the creative shooting distance, at around 00 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previouss before judgments: Application of criminal records, inquiry reports, written judgments, etc. (No. 12 No. 12 of the evidence list);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following reason for sentencing) includes the first head’s previous conviction in the judgment, and even five times (two times a fine and three times a suspended sentence of imprisonment) a criminal offense due to a violation of the Road Traffic Act (driving) after around 2000, despite the name of the Defendant, repeated the same offense while under the influence of alcohol. Thus, it is inevitable to punish the Defendant with severe penalty.

In addition to the above circumstances, the fact that the defendant did not repeat the crime in light of the defendant's wrongness, and that there is a disability of class 2 with a delay disability, etc., is not good in health conditions, and the defendant's age, character, conduct, occupation, family relationship, property status, etc. are equally considered and the punishment is determined as per the order.

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