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(영문) 청주지방법원 2020.09.22 2020고단1141

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for two years.

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 October 26, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court of Chungcheongju on October 26, 2009; on August 23, 2010, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) was issued by the same court; on February 28, 2018, the same court received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving).

On April 30, 2020, at around 08:45, the Defendant driven an Edump truck with approximately 50 meters alcohol concentration 0.057% under the influence of alcohol at the section of about 50 meters from the front of the C Station located in Gangdong-gu Seoul Metropolitan Government to the front road of Gangdong-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, on-site report, and on-site photograph of the drinking driver;

1. Previous records before ruling: Application of three copies of criminal records, investigation reports, and summary orders;

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

1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of criminal punishment heavier than the fine for traffic crime, and the fact that the defendant supports his/her family member in the future, who does not repeat the crime and lives conscientiously);

1. Article 62-2 (1) of the Criminal Act regarding community service order;