beta
(영문) 청주지방법원 충주지원 2019.02.08 2018고단719

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 September 22, 2009, the Defendant was issued a summary order of KRW 2 million at the Cheongju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million at the same court on October 19, 201 as the same crime.

【Criminal Facts】

On March 28, 2018, at around 21:40, the Defendant driven a F rocketing car while under the influence of alcohol content of about 0.171% at approximately 250 meters from the front road of “E” located in “C Bank” in “C Bank B” to the front road of “E” located in D.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of a violation of the Road Traffic Act;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Criminal records: Criminal records, reply reports (A), investigation reports (formers and verifications of suspects), and summary order-applicable Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence shall be imposed in consideration of the reasons for sentencing under Article 62-2 of the Criminal Act, the circumstances leading up to the crime, the period of recidivism, the blood alcohol concentration, the records of the crime, circumstances after the crime, and other sentencing conditions.