(영문) 청주지방법원 2018.03.08 2017고단2404

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줄 간격

자간(%)

(영문) 청주지방법원 2018.03.08 2017고단2404

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 18, 2008, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1.5 million at the Cheongju District Court for a crime of violating the Road Traffic Act (driving). On May 8, 2013, the Defendant was issued a summary order of KRW 1.5 million with the same crime in the same court.

[2] On November 2, 2017, at around 00:58, the Defendant driven a car in column B while under the influence of alcohol concentration of approximately 0.117% from a section of about 10km to the road located in front of the same city’s comprehensive Seodaemun-gu located in the city of Cheongju, a three -- day ---- day ---- day ---- day --- day, in the city of Cheongju, which is located in 5 in the city of the petition, from the road of the same city of 289.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation, etc. of such previous history);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The elements of sentencing that is disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act: The drinking value is relatively high. Despite the history of having been sentenced to several fines due to the crime of drinking alcohol driving, it does not seem to have been changed due to repeated driving of drinking, etc. as stated in its reasoning. Recognizing the erroneous recognition of sentencing favorable to o: Do and other factors of sentencing under Article 51 of the Criminal Act, the sentence as indicated in the Disposition should be determined by comprehensively taking account of the factors of sentencing under

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