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(영문) 청주지방법원 2020.10.29 2020고단1106

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[Power of sound driving, etc.] On January 9, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the Suwon District Court on April 8, 2015 to a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On May 24, 2020, at around 13:55, the Defendant driven a FINI Cooper’s car at approximately 500 meters section from the front of the C cafeteria located in the petition-gu, Cheongju-si to the front of the E cafeteria located in D, while under the influence of alcohol concentration of about 0.138%.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. An accident site photograph;

1. Application of statutes, such as criminal records and summary order;

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the point in which he/she reflects wrongs in depth);

1. Article 62 (1) of the Criminal Act (including the fact that the mother is supporting his/her mother) ;

1. Order to attend lectures under Article 62-2 of the Criminal Act;