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(영문) 청주지방법원 2020.06.11 2020고단43

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

On December 5, 2019, at around 02:30, the Defendant driven a e-learning car with a blood alcohol concentration of about 0.220% from the 1km section to the front road of the C dan in the petition district B, Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in that the defendant commits a crime of drinking again even though he/she had a previous conviction twice.

However, the sentence of suspension of execution is to be imposed on the condition of the order to attend a lecture, taking into account all the circumstances, such as the defendant's age, character and behavior, the degree of blood alcohol, driving distance, and conditions before and after the crime, and the sentencing conditions specified in the records and arguments, and the order to attend a lecture, and the sentence is to be determined as the same as the order to attend a lecture.