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(영문) 청주지방법원 2018.10.04 2018고단1167
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 January 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), etc. at the Cheongju District Court, and on October 14, 2016, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

[2] On May 31, 2018, at around 03:50, the Defendant driven a B-learning car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.159% from the roads near the Seowon-gu, Seogu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Cheongju to the roads 74, Seogu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu.

Accordingly, the Defendant, who violated the provision of “the prohibition of driving under the influence of alcohol” not less than twice, driven a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of statutes on site photographs;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime under the relevant provision of the Act;

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. In full view of the favorable circumstances, such as the fact that the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and wrong, the fact that there is no record of punishment heavier than a fine for the same crime, and the fact that alcohol content is high during blood, and disadvantageous circumstances, such as the repetition of drinking within a short time, etc., the Defendant’s age, sex, motive, means, means and consequence of the crime, and the circumstances after the crime, etc., and all other circumstances constituting the sentencing conditions as indicated in the instant records and arguments, the sentence shall be determined as per the order.

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