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(영문) 청주지방법원 2020.11.24 2020고단1645

도로교통법위반(음주운전)

Text

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 became final and conclusive.

Reasons

Punishment of the crime

On December 17, 2013, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Chungcheong District Court's Chungcheong District Court's Chungcheong on December 17, 2013, and a summary order of a fine of four million won for the same crime in the same court on February 10, 2017.

On August 9, 2020, the Defendant, while under the influence of alcohol at 0.083% of blood alcohol concentration, driven a strawing car from approximately 2 km to the front road of the Cheongju-si, U.S., U.D., in a state of alcohol at KRW 0.083%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and statutes;

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 on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act that has no record of criminal punishment, except for the criminal records indicated in the judgment of the defendant, traffic accidents have not occurred due to driving under the influence of alcohol in the case, and the defendant