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(영문) 청주지방법원 충주지원 2021.02.23 2020고단733

도로교통법위반(음주운전)등

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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 February 19, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a crime of violating road traffic law (drinking) from the Chungcheong District Court.

On November 5, 2020, the Defendant driven Datoba in the state of alcohol alcohol concentration of about 0.077% while under influence of alcohol without obtaining a motor device bicycle license from around 13:15 to around 3:00 to around 3:00 to around 4km in the direction of the voice group of Chungcheongbuk-gun.

As a result, the Defendant, in violation of the prohibition of drinking alcohol driving regulations at least twice, driven a motor bicycle without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of the author who has been placed in the liquor, investigation report (report on the situation of the driver who has been placed in the liquor), and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 suspended execution;

1. The punishment of imprisonment shall be imposed in consideration of the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include six times a criminal record for the protection and observation of orders to attend lectures and the fact that the number of alcohol concentration in the blood is relatively low, the execution of a sentence shall be suspended within the scope that has been reduced by a small amount, and the order to provide community service and attend lectures shall be imposed in consideration of the fact that the blood alcohol concentration is relatively low and that it is a