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(영문) 청주지방법원 영동지원 2018.12.13 2018고단149
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

On November 4, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 3 million for the same crime from the same support on November 3, 2006, and a summary order of KRW 2.5 million for the same crime from the same support on December 13, 2002.

On September 7, 2018, the Defendant driven B buses under the influence of alcohol content of 0.129% from the front side of the Roman apartment road located in 47, Dong-dong, Dong-dong, Chungcheongnam-dong, Dong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Dong-dong, Dong-dong, to the intersection of the 7km erode of the same Eup/Myeon.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A de facto survey report (including photographs, map, and images of an accident);

1. Notification of the results of regulating drinking driving;

1. Records of the judgment: References to inquiries, such as criminal history, and the application of the previous and summary order three Acts and subordinate statutes;

1. Relevant provisions of the Act 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;

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

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act [unfavorable circumstances] The crime of this case is that the defendant, who violated the prohibition provisions on drinking at least twice, once again drives drinking, and the nature of the crime is hot.

The degree of alcohol concentration is high among blood transfusions of drinking driving.

The vehicle driven by the defendant was on board an elementary school bus, and the crime of this case led to the traffic accident, resulting in the danger of the accident.

[The favorable circumstances] The Defendant, when committing the instant crime, appears to repent of his mistake.

The defendant was not driving immediately after drinking, but driving after drinking alcohol, and led to the crime of this case.

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