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(영문) 청주지방법원 2021.01.28 2020고단1956

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 19, 201, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court on October 19, 201, and on July 14, 2015, the Defendant was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court.

Nevertheless, on September 20, 2020, the Defendant driven the EMW Z4 car under the influence of alcohol concentration of approximately 0.150% during blood in the section of approximately 300 meters from the roads in front of the C in the Yellow-gu, Chungcheongnam-gu, Cheongju to the roads in front of the same Gu D.

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

2. Around September 20, 2020, the Defendant insultd the victim by taking a large voice, namely, “a Chewing sprinke”, “a sprinke”, “a son sprinke sprinke sprinke sprinke sprinke sprinke”, and “a son sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke sprinke”, and “a sponse sprinke sphere sphere sphere spons s

Summary of Evidence

1. Statement of the police made by the defendant to H in the court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to investigation reports [Attachment to suspect A-A-Road Traffic Act Violation (driving of alcohol), summary orders, etc.] and summary orders;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of drinking), Article 311 of the Criminal Act (the point of insulting) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;