beta
(영문) 청주지방법원충주지원 2020.10.28 2020고정183

도로교통법위반(음주운전)

Text

The sentence against the accused shall be five million won or more.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[Criminal Power] On July 13, 201, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court of Chungcheongju on July 13, 201.

【Criminal Facts】

On June 22, 2020, the Defendant driven Bcom-sports cargo vehicles at a section of about 100 meters from forest roads located in 54-16, the hot spring Dogsan, to forest roads located in 65-1, a mountain road located in 54-16, a hot spring Dog-ri, in a state of under the influence of alcohol at approximately 0.039% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, notice of the result of the Regulation of Drinking Driving (A) Operation (A) Report on the circumstantial statements of the driver(A) (the circumstantial report of the driver(s)-A;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (the defendant shows the attitude of recognizing and opposing his mistake in this court). The degree of the crime at the time, the background of the crime, the time between the crime of drinking alcohol and the crime of drinking alcohol in this case, the interval between the crime of drinking alcohol and the crime of this case, and the attitude after the crime, etc. were considered.

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when a suspended sentence of imprisonment is invalidated or revoked);