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(영문) 청주지방법원 충주지원 2019.06.11 2019고단213

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2006, the Defendant issued a summary order of a fine of 4 million won for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Chungcheong Branch on September 13, 2006, and on May 29, 2007, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) in the same court.

On April 4, 2019, at around 13:21, the Defendant driven a F Ecoo vehicle under the influence of alcohol concentration of about 0.190% in a section of about 200 meters from the C cafeteria located in Chungcheongnam-si B to the E in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal history records, investigation reports (previous and verification), one copy of judgment, and the application of Acts and subordinate statutes of Part III of summary order;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order, order to attend education, a majority of criminal records related to traffic, such as drinking without permission, driving without permission for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that a person has been sentenced to a suspended sentence of imprisonment due to drinking driving, even though he/she has been sentenced to a suspended sentence of imprisonment, the period of recidivism, degree of blood alcohol, background of the crime, circumstances after the crime, and other sentencing conditions