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(영문) 청주지방법원 2019.07.23 2019고단830

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 April 28, 2008, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court. On May 25, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime, etc.

【Criminal Facts】

On April 10, 2019, around 11:05, the Defendant driven a car in F Sti-type under the influence of alcohol concentration of 0.059% with approximately 700 meters from the lodging of the C Company located in Seowon-gu, Seowon-si, Seowon-si to the roads in front of the E stations located in the same Gu.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), investigation report (control status of drinking driving), photographs at the control site, and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); imprisonment (a)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the blood alcohol concentration and the point that has no record of at least the suspension of execution);

1. Social service order under Article 62-2 of the Criminal Act;