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(영문) 청주지방법원 2021.01.14 2020고단1951

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

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

On October 5, 2009, the Defendant received a summary order of KRW 2 million from the Cheongju District Court to a fine for a violation of the Road Traffic Act, and a fine of KRW 3.5 million from the Cheongju District Court on June 28, 2010 to a fine of KRW 3.5 million due to a violation of the Road Traffic Act.

On July 18, 2020, the Defendant driven a 3 freight vehicle with 0.173% alcohol level among the blood transfusion around 19:10, while under the influence of alcohol, from the front of the road located in Jincheon-gun, Jincheon-gun, Jincheon-gun, to the front road located in Jincheon-gun D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is to drive a drinking and report on the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to a report on investigation (in respect of drinking volume of a suspect), inquiry, such as criminal history, and a written reply and a false report (the previous confirmation of such past record);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;