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(영문) 청주지방법원 2020.08.18 2020고단823

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2017, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Daegu District Court Kimcheon Branch on February 6, 2017, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on January 10, 2019.

Around 00:20 on April 13, 2020, the Defendant driven a DMobage car under the influence of alcohol concentration of 0.088% at the 10m section of the front road of C, which is located in Cheongju-si B.

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. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no past record of criminal punishment heavier than a fine for traffic crime, and the fact that the defendant does not repeat the crime in the future and lives conscientiously);

1. Article 62-2 (1) of the Criminal Act regarding community service order;