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(영문) 청주지방법원 제천지원 2019.10.24 2019고단286

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

[Criminal Power] On May 26, 2017, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Cheongju District Court in the Cheongju District Court Support on 2017.

【Criminal Facts】

On August 24, 2019, from around 01:16 to 01:50, the Defendant driven a DNA car with a blood alcohol concentration of about 0.068% in the section of approximately 15 meters from the underground parking lot of Dacheon-si B apartment C, which was under the influence of alcohol.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Explanation of each photograph;

1. A report on investigation (applicable to the conversion and taking-off);

1. Inquiry into the result of the crackdown on drinking driving;

1. CCTV CDs;

1. Investigation report (the blood alcohol concentration transfer of property);

1. Criminal records: An inquiry report on criminal records, investigation status (verification of the same criminal records), and application of summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The Defendant was punished once by a fine for drunk driving in 2017.

The favorable circumstances: The mistake is recognized and reflected.

The blood alcohol concentration is relatively low, and the driving distance is also very short.

It is clear that the social ties, such as the application of the defendant's will to the defendant's seat.